144 
VETERINARY JURISPRUDENCE. 
and drive. The defendant, however, sent him back a receipt 
on unstamped paper, and a warranty omitting to state that 
the horse was sound. As the learned judge in summing up 
remarked, this might arise accidentally from the defendant 
being a farmer, and one of a class supposed only to concern 
themselves with agriculture and the price of wheat, and not 
to be versed in the concerns of the world. Eventually, 
however, on the plaintiff insisting on a proper receipt and 
warranty, a stamped receipt and warranty that the horse was 
sound, and quiet to ride and drive, was written. In ten days 
the horse, on being worked, turned out lame, and was sent 
by the plaintiff to the Veterinary College, when Mr. Spooner, 
the professor there, examined his feet, took off his shoes, and 
examined his legs, and was of opinion that the lameness 
proceeded from the splint, and that the splint was of some 
months 5 standing. The plaintiff then sent notice to the 
defendant to return him his money and take the horse back, 
or he would send him to Aldridge’s. The defendant then 
sent a Veterinary surgeon, Mr. Webb, to look at the horse, 
and he expressed his opinion that the horse wanted shoeing, 
and that his hoofs having grown, his heels were let down, 
and his navicular joint bruised by the pavement, causing 
him to go lame. The defendant refused to take the horse 
back, and the plaintiff sent him to Aldridge’s, where he was 
sold for 24 guineas, without warranty. The plaintiff then 
brought an action for the difference of price he had given, 
and the proceeds of the sale of the horse, deducting expenses, 
and also for his keep up to the 19th June, when the action 
was commenced. 
For the defendant, it w T as contended that the facts were 
stronger than Mr. Spooner’s opinion ; that the horse had 
been bought by a dealer at Aldridge’s, and sold to a potato 
merchant for £35, vdio, having worked him for three months, 
sold him to a gentleman in the country for £35 without 
warranty, and that he had never gone lame since he w r as sold 
by the plaintiff. The early history of the horse was also 
proved. Prior to his sale to the plaintiff, he had been w r orked 
a short time in the Epping Coach, 18 miles a day, and then 
had the splint and never wrent lame. Witnesses w r ere called 
to prove these facts. 
Mr. Lush having replied. 
His Lordship summed up, and directed the jury, that if 
the horse had a disease when sold w hich would render him 
unfit for ordinary work, without going lame, he was unsound, 
and it w^as not material whether he w r as lame when sold or 
not. If the lameness was produced by the splint, the plaintiff 
