VETERINARY JURISPRUDENCE. 
467 
said (i If you take the opinion of a veterinary surgeon, I will 
recommend you Mr. Watts ; he (defendant) said in reply, I 
don’t like Mr. Watts’ opinion — I prefer Mr. Ferguson’s; Mr. 
Foote said he would rather have Mr. Watts’ opinion, because 
he was in the habit of shoeing the horses, and knew them 
well ; Levingstone said “ it does not matter whose opinion you 
get, Mr. Foote has warranted the horses to be sound; sent 
£10 to Mr. Foote that day ; on the 9th Mr. Myers was at 
the riding-school and saw the horse ; he rode it up and down ; 
it was then put into the stable; the horses were brought to 
Watts; he (Mr. Watts) drew his attention to what appeared 
to be a discoloured bruise on one of the fore feet of the horse, 
and he said that it was not a corn, though it looked as if it 
were ; examined the horses in other ways and said that they 
were sound; having seen the chestnut horse trotting after- 
wards said to Mr. Watts that he did not think he was sound ; 
thought that he was lame; Mr. Watts for his satisfaction 
said he would trot* him out again ; he again said that the 
horse was sound, and he would not set his judgment against 
that of Mr Watts ; witness asked him for a certificate as to 
the horse ; he replied that it was not his custom to give it, 
unless a horse were going abroad ; pressed him again to give 
the certificate; he would not give it; left the place, and in 
conversation with Mr. Foote said he was not satisfied, and 
wished to have the opinion of Mr. Ferguson, and would take 
them to him ; you may take them where you like, said Mr. 
Foote; the horses were brought to Mr. Ferguson’s establish- 
ment, and he having examined them, declared them to be 
unsound; directed the horses to be taken to Mr. Foote, and 
said he would go to see him ; called next morning to see 
Mr. Foote; he was out; saw Mr. Williams in the office; 
told him that he had come to see Mr. Foote upon the subject 
of the horses ; he said that there was no use in coming to 
see Mr. Foote about the horses, that he had authority to 
receive the £130, and if he (defendant) did not pay the 
money he would make him pay ; the horses were sent to 
livery, and he (defendant) received a note intimating that 
they were at livery at his risk. 
Cross-examined by Mr. M ( Do?iougJi , Q.C. — On the 8th 
Mr. Foote warranted the horse to be sound in the presence of 
Mrs. Foote and Mr. Ilevell ; asked him if the horse was all 
right, or all sound; he replied that he was; with regard to 
the mare, Levingstone said to Mr. Foote when he came to the 
riding-school, ee Do you also warrant her sound? — yes, I do,” 
was the reply; — had dealings with Levingstone previously; 
did not recollect having heard the name of Mr. Watts men- 
