118 
VETERINARY JURISPRUDENCE. 
Jeaffrey Barton , veterinary surgeon, Dover, stated that lie had seen the 
mare several times when he was attending other horses belonging to the de- 
fendant, and had attended her once for influenza. He had found her perfectly 
sound, and with no trace of hernia or lung disease upon her. He observed 
no swelling or lump under the belly. Lung disease might come on suddenly 
and cause death in three or four months, and active inflammation of the 
lungs might produce death in a day. 
By Mr. Minter : He attended the animal for a cold, and did not look for 
traces of hernia. 
Two waggoners in defendant’s employ deposed that they had attended the 
mare in work, and found nothing the matter with her. 
Mr. Minter very briefly replied. 
His Honour, in giving judgment, said that the evidence went to prove 
that a warranty had been given, and the animal was unsound, though lie did 
not believe the defendant at the time of sale knew there was anything the 
matter with the mare. He should give judgment for £23, being the cost 
of the animal, less the amount realised by its sale. Costs were not allowed, 
as there had been no re-tender. The Judge gave the following as the law 
on the subject : — A warranty of soundness is broken if the disease or defect 
existed at the time of the sale, although its existence could not then be de- 
tected ; or if there was any disease, or seed of disease, which diminished, or 
in its progress was calculated to diminish its usefulness for the work to 
which it would be ordinarily applied. — Folkestone Borough Gazette. 
OXFORD COUNTY COURT. 
( Before T. H. Lister, Esq., Deputy Judge.) 
BREACH OF WARRANTY ON THE SALE OF A HORSE. 
GEORGE TOLLIT V. JOHN HADLAND. 
Mr. Sawyer was counsel for the plaintiff, the well-known horse-dealer of 
Oxford ; and Mr. Fowler, of Leicester, instructed by Mr. G. Mallam, for the 
defendant, a horse-dealer of Beverley. 
Mr. Sawyer stated the case. A bay mare was bought at Horncastle fair 
on a written warranty. The mare turning out not to be five years old and 
sound, was, after notice to the plaintiff, and an offer to take £20, sold for £63. 
Defendant sued for the difference in the price, £17 ; £4 11s. keep ; £1 18s. 6<7. 
railway fare ; and £3 12s. expenses of auction. 
The plaintiff, Mr. George Tollit , said on the 9th of August last he went to 
Horncastle fair. The defendant had a mare, looking like a hunter, and he 
asked £100 for her. Witness certainly would not have bought one under 
five years. He looked at her mouth, and said he thought she was only four. 
The defendant said he would warrant her five years. He looked at the 
mare, and gave £80 for her. Witness wrote a warranty, which the 
defendant signed : — “Mr. George Tollit has this day bought of me a bay mare, 
five years old, for the sum of £80, warranted sound, free from vice, no crib- 
biter, roarer, or windsucker.” Witness did not notice a splint on the knee. 
The mare was brought to Oxford. On the 16th of August Mr. Newman, of 
Piccadilly, come down and bought six horses of him, including the mare. 
He gave him a verbal warranty that she was sound and five years old. A 
week or more afterwards Mr. Newman wrote that the mare was not as 
described, and she was returned. Witness had her examined by Mr. Wadlow 
