VETERINARY JURISPRUDENCE. 
83 
a legal practitioner in Essex-street, London, and whose office 
was equally distinguished by the largeness of its business and 
the correctness of its proceedings. Without imputing any thing 
to anybody, they said that General Brooks had sold them a 
horse under circumstances which led them to believe that the 
animal was sound. The horse proved to be any thing but 
sound, and, the defendant refusing to take it back again, the 
horse was sold by auction for £13. . 85 .. 6 c?., and the present ac- 
tion was brought to recover the balance. Other expenses, be- 
yond the difference in price at which the horse had been 
purchased and the price for which it was sold, had been incur- 
red : these consisted of £2..5s..6d. for keep, and £l..ls. fees 
to veterinary surgeon. The price given for the horse was 
s652..10s., and, if he proved what he fully expected to prove, 
he should be entitled to a verdict for £44.. Is. as the balance. 
The solicitors employed on both sides appeared to have gone 
through the case very properly, and the material facts were all 
admitted. It was admitted that the purchase took place on 
the 23d of May, in the past year, that the price was £52.. 10s., 
and that the horse was a chestnut gelding. Several letters had 
passed between the parties, some of which it would be necessary 
for him to produce, but he should not be put to the trouble of 
proving them, inasmuch as they were all admitted. Mr. Val- 
lance would probably be known to some of the jurymen as a 
gentleman who occasionally brought his family down into this 
neighbourhood, and took a house in Upton Park. In May last, 
Mr. Vallance was residing at Upton, and, being in want of a 
horse, he heard that Major-General Brooks, of Clewer-green, 
had one to sell. On the 10th of May, Mr. Vallance sent a 
friend, Mr. Blundell, to look at the horse ; and the question for 
the jury would be whether General Brooks did not, on that 
occasion, say that which was tantamount to a warranty. On 
the 23d of May, Mr. Blundell, accompanied by Mr. Vallance, 
went again to Clewer-green, and had an interview with General 
Brooks. The horse was brought out; and, on the General say- 
ing the horse had been twice to Windsor that day, no extended 
trial was made as to the paces of the animal. The horse was 
driven about 100 yards one way, and the same distance another 
way. The General repeated the terms of warranty: a little 
haggling as to price took place; but Mr. Vallance being satis- 
fied with the action of the horse, and being satisfied also with 
the representations of General Brooks, the horse was purchased 
and paid for. The horse was sent to Slough by the defendant, 
and afterwards ridden to London by Mr. Blundell. That was 
on the Thursday. On the Sunday following, Mr. Vallance’s 
