VETERINARY JURISPRUDENCE. 
555 
By his Honour : The mare has what I term purification of 
the lungs — that is, they are all of a froth. 
Mr. Thomas Trice , a veterinary surgeon (?), living at Tet- 
bury, examined the mare on the 3d of July, and considered 
her to be unsound, as she was suffering from a disease of the 
lungs, which he considered of a chronic nature, and described 
as a condensation or hardening of those parts ; he considered 
the disease had been visible on examination for twelve or 
eighteen months, and at that time a common observer would 
notice it in the condition of the mare’s flanks. 
Mr. Kearsey , at this stage of the proceedings, submitted 
that no warranty had been proved justifying the present 
action being brought, as the words u to the best of my know- 
ledge ” had been used by his client, and it had not been 
proved that he had a knowledge that the mare was not in 
foal. 
Mr. Symons, reviewing the evidence adduced, contended 
that there had been a warranty, and taking the words used by 
the witness, Hawkins, according to their grammatical con- 
struction, defendant <e warranted the mare as sound as an 
acorn, and in foal to the best of his knowledge.” 
His Honour ruled that the disputed sentence was capable 
of a double construction, and Mr. Symons had a right to take 
them as warranting the mare sound, therefore Mr. Kearsey’s 
application for a nonsuit fell to the ground. 
Mr. Symons then called George Goddard to prove that when 
he took the mare back to Hodgson on May 30, he said “ Keep 
her till her time is out, as I’ll warrant she’s in foal; she has 
now something the matter with her wind.” 
Other witnesses were called to prove the mare broken- 
winded. This closed the plaintiff’s case, and Mr. Kearsey 
then called 
Mr. Charles Hodgson , the defendant. He stated that he 
bought the mare in October, 1852, and she had all the ap- 
pearance of being in foal ; there was nothing the matter with 
her wind, and he sold her because, being in foal, it would not 
do to put her to strong work ; he warranted her sound and 
in foal to the best of his knowledge; Hawkins brought him 
and the plaintiff together about the price ; on May 27th, 
plaintiff complained of the mare not being in foal, and Mr. 
Gardner, who was present with him, said she was wind- 
broken ; he offered to return a guinea, but Teakle would not 
have it, and on the following Monday he saw the mare, which 
had nothing the matter with her wind, and he drew milk from 
her udder. — In his cross-examination, he said that he had 
been in the habit of buying colts, and getting them into con- 
