242 ACTIONS AT LAW. 



His lordship, in addressing the jury, said the counsel 

 for the plaintiff had forsaken the first part of the indict- 

 ment — the charge of fraud — and very properly so ; it was 

 usual thus to bring these cases before the court. The 

 matter for their consideration was simply this : Did the 

 defendant warrant ? And, if so, was there a breach of 

 that warranty ? He called their attention to the opinion 

 on unsoundness he had read, on the authority of the late 

 Baron Parkes. The question of warranty rested upon the 

 letter and the cheque, also the evidence of defendant : 

 that he did say the horse was workably sound, and he 

 maintained it was so. That " wind-sucking " is un- 

 soundness, as well as a vice, you have the evidence of two 

 professional gentlemen, who agree with the remarks of 

 Professor Williams in his text-book. Against this you 

 have the evidence of the defendant's two professional 

 witn sses, who maintain that a " wind-sucker " is not 

 necessarily unsound, and who, although they agree with 

 the general remarks in Williams' text-book, disagree with 

 him on the point of unsoundness. 



The evidence, his lordship continued, that the horse 

 did then work, and did not appear to be the worse for 

 " wind-sucking," was not the question. It was : Was wind- 

 sucking unsoundness, according to the meaning of the 

 term ? 



On the question of damages, no damages were sought — 

 only the amount of loss to the plaintiff between the original 

 price of eighty guineas and that realised, with the expenses 

 deducted — namely, £69 9s. 6d. 



The jury consulted a few minutes, and returned a verdict 

 for the plaintiff for the amount claimed. 



His lordship certified for full costs. 



