VETERINARY JURISPRUDENCE. 
86 
did not answer it; Messrs. Voules and Last wrote the reply, 
and in it they had made a rather unfortunate admission. The 
letter was as follows : — 
“Windsor, 1st June, 1850. 
“ Dear Sir, — General Brooks has handed us your letters to him with 
reference to the horse you purchased. He denies the correctness of the 
statement made in your letter of the 30th May, and regrets you should so 
write to him, after the manner in which he treated you and your friend. 
You must be aware that the horse was never warranted, and that a long 
conversation took place on the subject, throughout which the General, 
more than once, declined giving any warranty, and he now objects to take 
the horse back, having purchased another, and he requests that any fur- 
ther communication on this matter may be addressed to, 
“ Dear Sir, your’s faithfully, 
“ Voules & Last.” 
“ H. Vallance, Esq.” 
Having got rid of the roarer, and with the price bought a good 
one, General Brooks thought he would keep the good one, and 
cut the roarer. Mr. Vallance reminded the General that he 
told him the horse had been warranted only twelve months be- 
fore, and that he had sustained no inj ury since ; but Messrs. 
Voules and Last did not even allude to that circumstance. 
The lawyers stuck to the text, and advised the defence of the 
action, because the word warranty had not been used at the 
time of the bargain. He should now proceed to call his 
witnesses. 
The Judge. — Then the point at issue is on the question of 
warranty, and also on the question of unsoundness. 
Mr. Skinner. — Yes, your Honour. 
Mr. Field , veterinary surgeon, of Oxford-street, deposed, 
that on the 27th of May last, he examined a chestnut gelding 
for Mr. Vallance. The horse was a roarer, and unsound — dis- 
eased in, the wind. [Witness here described the symptoms 
and effects of the disease.] The disease must have been of 
some standing — two months or more. The following was a copy 
of the certificate given by him at the time : — 
224, Oxford-street, May 27th, 1850. 
“ This is to certify, that I have this day examined a chestnut gelding, 
sent here by Mr. Henry Vallance, and am of opinion that the said gelding 
has disease in his wind, a bad roarer, and which has existed a long time 
and renders him unsound. 
“William Field, Veterinary Surgeon.” 
(Received 10s.. 6 at as his fee.) 
In answer to a question from Mr. Harris, witness said, that 
it would be possible for General Brooks to have driven the 
horse twelve months, and not discovered he was a roarer. The 
disease would not shew itself unless he were driven fast. 
