VETERINARY JURISPRUDENCE. 
459 
mare and chesnut horse. Mr. Barker required them, and 
negotiated with Mr. Foote to buy them, and the question 
between the parties depended upon the nature of the agree- 
ment which had been entered into by them. The plaintiff 
alleged that he was to receive £130 for the horses, subject to 
the opinion of Mr. George Watts, tne veterinary surgeon. 
The defendant denied that he had agreed to have the opinion 
of Mr. Watts — that the horses were not sound, and that the 
plaintiff gave a general warrantry that they were sound. The 
issues for the consideration of the jury were — was there an 
agreement— what were the terms of the sale — were the horses 
sold subject to the opinion of Mr. Watts — did the plaintiff 
give a general warrantry — did he know that they were 
unsound, and give a false warrantry, and what was the 
amount of the keep ? 
The plaintiff was examined — He deposed to the negotiation 
between him and the defendant, the payment of £130 for the 
horses, and the opinion of Mr. Watts; asked the defendant 
when he wished to have the horses examined ; he replied, 
“the sooner the better;” well, then, said he (plaintiff), let us 
go down; they accordingly went to Mr. Watts; he said to 
Mr. Barker that it was necessary to have an understanding 
as to the price of one of the horses, if Mr. Watts rejected the 
other ; Mr. Barker said he supposed he should give me £90 
for the horse; that will be £90 and £40, said he (plaintiff), 
and I suppose it must be so ; Mr. Barker said he did not 
want the mare but the horse ; if that be so, said he (plaintiff), 
I must have £100 for the horse ; they are sound, said Mr. 
Barker ; there is nothing the matter with them ; I hope so, 
said he (plaintiff), I do not anticipate that there is; did not 
see Mr. Watts then (Tuesday, the 8th November, 1853), as 
he was in England, but he was told he would be back on 
Thursday; this is very unfortunate, said he (plaintiff), but 
nothing can now be done but that the horses shall return to my 
stable ; Mr. Barker made no objection ; he said that he knew 
with whom he was dealing ; that he would give him (plaintiff) 
£10, and he said he supposed that if he met with a purchaser 
he (plaintiff) would show the horses to him ; oh, yes, said he 
(plaintiff), I will show the horses to any one who comes, but 
not without your orders; got the £10 from Mr. Barker; 
gave him the pedigree of the horses as well as he could ; on 
Thursday, the 10th, met Mr. Barker in the Castle Riding 
School; he asked him (plaintiff) if he had the horse at 
Ballinasloe ; told him he had, and that he had him foolishly 
walked there instead of sending him by the train ; that he 
arrived at Ballinasole in a state unfit for view, in consequence 
