ACTIONS AT LAW. 243 



Holborough v. Fountaine. 



BREACH OF WARRANTY — " SHIVERING " AN UNSOUNDNESS. 



At the Hereford County Court, before His Honour Judge 

 Harris Lea and a jury, a remitted action was heard in 

 which Mr. Charles Holborough, of the Commercial Inn, 

 Commercial Road, Hereford, sued Mr. T. St. George 

 Fountaine, of Holmer, to recover the sum of £48 los., 

 b^ing £47 5s. the amount paid on the purchase of a horse, 

 and ^i 5s. expenses incurred through an alleged breach 

 of contract. Mr. Garrold appeared for plaintiff, and Mr. J. 

 Comer for defendant. 



Mr. Garrold stated, that in the previous August a 

 man named Evans had agreed to buy some pigs from 

 Mr. Fountaine, and as he had not the money to pay for 

 them, he asked Mr. Holborough to go with him and pay 

 for them. He did so, and the pigs were driven away. 

 Whilst at Holmer, Mr. Fountaine asked Mr. Holborough 

 if he did anything in horses, and Mr. Holborough said he 

 occasionally bought one or two. Mr. Fountaine then 

 said he had a very good cart horse for sale, and ultimately 

 plaintiff inspected it. Upon going to back it in the shafts, 

 he could not do so, as there was no belly-band on. Mr. 

 Fountaine asked £60 for it, but ultimately accepted forty- 

 five guineas. Plaintiff asked him for a written warranty, 

 but he said he never gave one, and asked him to take his 

 word as a gentleman that it was a good horse. The 

 horse was delivered the same evening, and plaintiff re- 

 quested defendant's man to have the horse shod. I-t was 

 taken, and the blacksmith said it was a " shiverer." That 

 was a peculiar disease — an infection of the hind legs that 

 prevented the horse from backing. It was not only an 



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