116 
ARMY APPOINTMENTS. 
War Office, Jan. 13 th. 
Veterinary Department. — The undermentioned gentlemen to 
be Acting Veterinary-Surgeons, viz. Robert Francis Frost, vice S. L. 
Pallin, promoted; William Pallin, vice A. E. Queripel, promoted. 
Veterinary Jurisprudence. 
FOLKESTONE COUNTY COURT. 
Before W. C. Scott, Esq., Judge. 
Horse Warranty.— Champion v. Prebble. 
This was an action brought to recover £50 damages for breach of con- 
tract in supplying the plaintiff with an unsound horse. — Mr. Minter for the 
plaintiff : Mr. Fox, of Dover, for the defendant. 
Mr. Minter , in opening the case, said the plaintiff was a dust contractor, 
living at Swingfield, and the action was brought to recover damages for 
breach of warranty in respect of a black mare. The plaintiff was in want of 
a cart-horse, and went to the defendant ; told him he wanted a good sound 
horse, and inquired whether the one he wished to sell was sound. De- 
fendant replied, “sound as a bell,” and also stated the animal was six years 
old, and that he would give a warranty, as he bred her himself. The mare 
was bought for 30 guineas, and taken home. Shortly after she exhibited 
symptoms of cold, and he should prove that at the time of sale, and long 
previous to that, the mare was suffering from diseased lungs and hernia. 
Mr. Champion gave him instructions to write to the defendant, and acquaint 
him with the facts of the case, which he did. An action was commenced 
some months back, but by mistake the summons was served on the father 
instead of the son. A veterinary surgeon would give the court his opinion 
on the state of the mare, and would show, from a post-mortem examina- 
tion, that the animal had suffered from the diseases named for more than a 
year, and was at the time of the warranty in a diseased condition. The 
mare was taken to Ashford Market, and sold for £7, and soon after died. 
Mr. Champion , the plaintiff, examined by Mr. Minter, said he was a dust 
contractor, living at Swingfield. He went to the defendant’s place, and 
looked at the mare. Mr. Prebble asked him 30 guineas for her. He 
inquired her age, and the defendant said she was six years old, and he bred 
her himself. He then inquired if he would warrant her. Mr. Prebble 
replied that she was a good worker and sound. He took the animal home, 
and found shortly after she had a cold. He gave her a mash to cure her, 
but on working her afterwards, he found she still suffered from this cold, 
and he therefore took her back to the stables, and called in a veterinary 
surgeon. She was of no use to him all the time he had her, and died in a 
short time. She was sold at Ashford market for £7 a little before her 
death. 
Cross-examined by Mr. Fox: He saw the mare before he bought her. 
