466 
VETERINARY JURISPRUDENCE. 
to him that Mr. Foote had them for sale. Mr. Levingstone 
was a dealer in horses, had seen the horses, and had under- 
taken to sell them for Mr. Foote at five per cent, commis- 
sion; so that Levingstone was Mr. Foote’s agent, and it 
would be proved that Mr. Foote guaranteed that the mare 
and horse were sound. The question for the jury to con- 
sider was, were the horses sound when Mr. Foote pronounced 
them to be so. If they were not, the plaintiff would be 
entitled to the verdict of the jury. A fact in the case, which 
came out in the evidence on the previous day, was material 
for them to consider, namely, that the plaintiff paid a sum of 
£10 to the defendant previously to Mr. Watts having pro- 
nounced his opinion in reference to the horses. The learned 
counsel then stated that a contract should be a mutual agree- 
ment between parties; and as to a warranty, it was not 
necessary that it should be in writing. A verbal warranty 
was sufficient. It was not requisite that a seller should say, 
“ I warrant this sound.” A representation that a thing was 
sound, and the reliance of the buyer that it was sound, was 
sufficient, and would be as binding as if it were written upon 
the dearest parchment and with the blackest ink. Counsel 
also called attention to the last answer of Mr. Watts in his 
depositions, namely, that a personal warranty as to the 
soundness of the horse would hold good irrespective of the 
opinion of a veterinary surgeon, from which he argued that 
his client was entitled to a verdict, the plaintiff having war- 
ranted unsound horses to be sound. 
The Defendant was then examined. — In November, 1853, 
Mr. Levingstone came to him and said he had seen a very 
handsome chestnut horse, and he (defendant) might make 
something of him if he bought him-; went to see the horse 
next day with Levingstone ; saw it in the riding school in the 
Castle-yard ; also saw the mare ; saw Mr. Foote in his office ; 
addressed him and said, “ Mr. Foote, you have a chestnut 
horse for sale ?” he said “ yes what is the price said he 
(witness) ; 100 guineas he said in reply ; is he sound? yes ; 
is the brown mare for sale ? yes ; what is the price ? he said 
150 guineas for both; asked him would he take £120 for 
them ; he said no, but would take 1 30 guineas ; witness said 
he would not give that sum ; afterwards saw Mr. Foote at the 
riding-school; Levingstone was also there; he (defendant) 
said to Mr. Foote, Levingstone having observed that he sup- 
posed Mr. Foote had come to give him the horses — “£120 
Mr. Foote for the horses;” no, said he, not less than £130; 
Levingstone said “you had better take the horses; very well, 
said he (defendant), I will take them at £130; Mr. Foote 
