336 
VETERINARY JURISPRUDENCE. 
and, on turning them up, the skin below was red. He saw one killed ; 
and the liver was as rank and bad as ever he saw. It was callous and 
bad. The rot in this sheep was what is called “ skip-rot.” The liver 
was converted into pipes which would admit his thumb. He was of opinion 
some of them were unsound from last year, and some had it before. Seven 
were killed at Carburton, being too bad to travel. Twenty- eight shillings 
would be a fair price for them, if they were sound. Cutts’ land is sandy, and 
would not give the rot. 
Abel Morris, butcher, Mansfield, bought the remaining twenty-seven sheep 
of the last witness at twenty -two shillings each : should say the whole had 
been unsound six months, and the greater part twelve months or more. 
Mr. Wm. Mellows , of Carburton, proved that Mr. Cutts’s land was sound 
land for sheep, and estimated plantiff’s loss at £20, or thereabouts. 
The following letters were then put in and read : — 
“ Carburton , Nov. 7th, 1843. 
“ Sir, — I beg to apprise you (to my own great disappointment) that the 
sheep I bought of you, and that you warranted to be sound, have proved to 
be rotten. 
“You will recollect that when I bought them I told you that I wanted 
them for the purpose of turning to the ram. On my getting the sheep home 
I, of course, put a ram to them ; and to my surprise, when he had been with 
them a month, there was not one of them tupped, nor indeed is there yet. 
It was on this account that I was suspicious there was something wrong. I, 
in consequence, told my shepherd to draw one of the sheep, and kill him ; 
the result of which I saw, and am very sorry to say that the liver was full of 
flukes, and I have not the least doubt but they are all the same, as the ewe we 
drew was as healthy, to all appearance, as any of them. The remainder of 
the sheep, twenty-nine in number, are all alive, and, in my opinion, looking 
much better than when I bought them, and, had they taken the ram and been 
sound, I should have been very sorry to have parted with them ; but of course, 
as it is, the sheep will be of no use to me. I therefore must beg of you to 
write me, by return of post, to say what is to be done with the sheep under 
the very unfortunate circumstances, as I shall most certainly expect you to 
take the sheep again. If you require any further proof of their being rotten, 
and will fix on any person to see one killed I have no objection to kill 
another. I feel sure that you are quite aware that I have plenty of proof you 
warranted the sheep to me. I therefore hope you will not give me any trouble 
on this head, but let the matter be settled amicably. 
“ I am, Sir, your’s respectfully, 
(Signed) “ Henry Cutts. 
“ Mr. G. Jarvill, Harpswell, near Spittal." 
“ Harpswell, Nov. 20th, 1843. 
“ Sir, — I was very much surprised at receiving a letter from you concerning 
the thirty ewes I sold you at Retford Fair, as you say they are all rotten, and 
while the remainder of the ewes to your’s left are all tupped and doing well, 
and no appearance of any thing of the sort. I have referred to the person 
I bought them of, and he never had such a thing on his farm ; and your’s must 
be very curious ewes not to go a tupping. If it should be the case that they 
are rotten, I never knew of them not going a tupping on that account ; and, 
Sir, I should think you are more frightened than hurt, for as for flukes, I have 
seen them in the soundest sheep ; and as to your saying that I warranted 
them, I am not aware that I did ; but if I did, I suppose you have my signa - 
