146 
VETERINARY JURISPRUDENCE. 
residing at Balham-hill, and the defendant is a merchant in 
the city, having a hunting-box at Market Harborough. On 
the 18th of May last, the plaintiff and defendant were dining 
together at the Parthenon Club, when the plaintiff heard the 
defendant say, that he was going to sell some of his horses 
at Tattersall’s, and that one horse, called “California,” would 
suit the plaintiff, and, according to the plaintiff’s evidence, he 
said this horse was perfectly sound. Afterwards, on Sunday, 
the 20th of May, the plaintiff and defendant met at Tattersall’s 
stables, and the plaintiff then examined defendant’s horses, 
and said, if he had not so many horses in his stable, he would 
certainly buy “California;” he was the only horse in defen- 
dant’s stud that could carry the plaintiff “ over the vale,” 
meaning the Yale of Aylesbury. He went into the stable to 
examine him, and, according to the plaintiff’s evidence, the 
defendant said to him, he had got nothing to look at, for the 
horse was perfectly sound in every respect; to which the 
plaintiff answered, “ If you say that, I am perfectly satisfied.” 
The plaintiff bought him at the auction next day, without 
any further warranty, under the auctioneer’s ordinary rules, 
for £294. Subsequently, at a dinner at a mutual friend’s, 
Mr. Allnutt’s, the defendant backed “ California” for £50 to 
run a three-mile course over the country with gentlemen 
riders, to carry 1 1 stone, and Mr. Allnutt to choose the 
ground, and the horse was sent to a Mr. Baker’s stables to 
train. There it was discovered that the horse was unsound, 
and that he had a slight enlargement in the suspensory 
ligament of his near fore leg, and he was taken from the 
trainer’s and sent back to Tattersall’s, the plaintiff demanding 
a return of his money under the warranty. The defendant 
denied the warranty, and the question was submitted to the 
arbitration of Mr. Allnutt, who decided against the defendant. 
This decision was, however, not abided by, and the question 
was submitted to the arbitration of Mr. Hall and Mr. 
Mortimer, who appointed the Hon. Robert Grimstone as 
umpire ; and he decided, that, the horse having been sold at 
public auction without warranty, there was no warranty. 
The plaintiff, however, w r ould not abide by this decision. 
In support of the plaintiff’s case, three veterinary surgeons 
were called, w ho stated the horse to be unsound in the sus- 
pensory ligament of the near fore leg, visible to the eye and 
touch ; and one of them said he was spavined in one of his 
hind legs. 
For the defence, the defendant sw r ore that in his con- 
versations with the plaintiff he had never warranted the 
horse to be sound ; but he said at the Parthenon Club, the 
