"VETERINARY JURISPRUDENCE. 
531 
defendant to blame for repeating what his veterinary sur- 
geon told him. He contended that all the circumstances 
showed there was no warranty ; and if they believed Bun ten, 
their verdict, under his lordship’s directions, would be that 
there was no fraud in the case, and the defendant was not 
liable, for he was sure their pity for the plaintiff would not 
induce them to give their verdict against Bunten on facts 
that were not clearly made out. 
J. Bunten examined. I am a farmer at Wimbish ; on the 
4th of February" plaintiff came to me in Walden market, and 
asked if I had a low-priced horse I could sell him ; I said I 
had one I gave £8 for, which I would sell for £6, but he had 
been at his mother’s, and came home poorly, and had some- 
thing of a running at the nose, but he could work ; there was 
no appointment made for him to come to my house to look 
at him ; on Monday plaintiff did come to my house, and saw 
a horse, which I asked £10 for ; he said he must have a low- 
priced one, and he went to the stable and looked at this horse, 
and smelt of the nose, and said, “ It does smell ;” I said “ I 
told you so on Saturday;” I told him Webb had seen him, 
and said it was only a cold ; that he had got better, and had 
been at work for my neighbour Smith ; he asked if I would 
not take less than £6 ; I refused ; he asked, would I let him 
have him a fortnight on liking; I said, “ Yes; if you like 
him, then pay the £6, or, if you don’t, send him back and 
give me a sovereign.” He did not say he would take it, and 
I left him with my man ; I said, “ You know as much about 
it as I do;” He said, “Is there anything catching?” I said, 
“ If there was anything catching, we should not let him be 
feeding with the other horse, as he is now.” I never to my 
knowledge had a glandered horse, nor did I sell one for 30«s. ; 
the glanders were not mentioned to Mizen, — I did mention 
the quinsy to him ; I never told him I sold a glandered horse 
for 30<s.; nor did I hear the word glanders mentioned till I 
came back from Stortford ; on coming back from Stortford, I 
called Mizen up, and told him of it, and he said, “I’ll see 
you on Saturday, and will be half the loss ;’’ on Saturday I 
saw him, and he said he could not give me anything towards 
my horse, as he had lost one of his ow r n ; a fortnight after 
he came to my farm, and said he had lost another horse, 
and must make some one pay for them ; I then took him to 
show him my horses, which were all healthy. When the 
plaintiff, and I were talking about the horse, I did not use 
the words warranty or glanders ; I did not say “ if I had 
known you would have sent it to Stortford I would not have 
sold him to you;” I did not know it w’as glandered — I wish 
I may be struck down if dead 1 did. 
