VETERINARY JURISPRUDENCE. 507 
given with the horse, and whether there was a breach of that 
warranty on the part of the defendant. 
His Lordship observed, that it appeared to him to be a 
mere question of fact, and not one of law, which the jury 
would have to determine. 
Mr. Roger Magennis, the plaintiff, was then called, and 
examined by Mr. O’ Hagan, Q.C. — He stated that he attended 
the fair of Banbridge, on the 9th of June, 1852, where he 
saw Mr. Arthur Aiken, who told him that Mr. Hunter, the 
defendant, had a horse to sell, and invited him to go and see 
him ; he accordingly went to the yard where the horse was, 
and examined him, but objected to the smallness of his legs, 
and to a splint being in one of them ; in a subsequent part of 
the day, he saw Mr. Aiken, Mr. John Hamill, and Mr. 
Hunter, the defendant, together; Mr. Hunter, or one of the 
party, asked him had he sold his pony which he had with 
him in the fair, and he replied he had not, as he had not 
offered it for sale ; and he immediately after asked him would 
he (Mr. Magennis) make an exchange for the horse ; he told 
him he had no objection, provided they agreed about the 
difference ; and then asked him to tell him what sum he 
would take with the pony in exchange for the horse ; Mr. 
Hunter said he did not know, and asked Mr. Hamill to 
name the sum; Mr. Hamill observed that, as he (Mr. Magennis) 
and Mr. Hunter were both gentlemen, they should be allowed 
to make their own bargain, believing, as he did, that neither 
of them wished to take any advantage of the other; he 
(Mr. Magennis) replied, that he had never taken any person 
“ in” in his life, and that he had no wish to “ take in” 
Mr. Hunter: he said, at the same time, that his (Mr. Ma- 
gennis’s) pony had no fault but one, and that was, that it 
would come home better than it would leave home; Mr. Hamill 
asked him would he engage the pony to be sound, and he 
replied that it was sound, but that they might get it examined 
by a Veterinary Surgeon, if they liked; Mr. Aiken told him 
that the horse had been purchased from Mr. Samuel Walker, 
of Tullygirvan ; that he was got by “ Irish Birdcatcher ;” 
and that, on his being bought from Mr. Walker, he was exa- 
mined by Mr. Grogan, Veterinary Surgeon, Belfast, all sound, 
with the exception of a small splint in one of his legs ; said 
if he was all right except the splint, he would make no 
objection to that; Mr. Hunter stated that, so far as he was 
concerned, he wished to have everything straightforward and 
fair in the bargain ; that he would be sorry to take him 
(Mr. Magennis) “ in,” and that his horse was all right, and 
there was nothing wrong with him ; he asked him then to 
