CUTTS V. JARVILL. 337 
ture, and if you have I will take the ewes back with the biggest of pleasure — 
which I have plenty of proof I never was asked for no such thing. 
“ I remain, your’s truly, 
(Signed) “ G. Jarvlll. 
“ Mr. Cutts , Carburton , Worksop." 
This closed the case for the plaintiff. 
Mr. Humphrey then addressed the jury on behalf of the defendant, and 
after admitting that a verbal warranty of soundness had been given, but which 
he stated the defendant did not consider binding, because it was not in writing , 
the learned counsel contended, that when the defendant sold the sheep he 
believed them to be sound, and stated that the remainder of the flock from 
which these 30 ewes had been bought were sold at the same fair, and all were 
then doing well. 
The following witnesses were called to prove the defendant’s case : — 
Mr. Enison , of Wissington, sold 42 sheep out of a flock of 300 bred by him 
to Mr. Munday, in September last. They were marked with pitch and tar in 
the near hip. The remainder of the 300 are in good health. The price to 
Munday was 23s. .6d. 
Mr. Wm. Munday drove the 42 sheep to Wragby Fair, where he sold them 
to defendant at 26s. They were marked on the near hip. He sold 60 other 
sheep to Mr. Jarvill, and they were all together in one close. Had 400 alto- 
gether. The shepherd selected 30, and the 12 were put in a pen by themselves, 
7 or 8 of which were bought by Mr. Walker, of Lound. On being cross-ex- 
amined, Mr. Munday said he goes about with defendant. Saw the sheep sold 
had a pitch and tar mark, but no raddle mark on the near hip. They had a 
clip under the near ear, and the defendant had 500 or 600 altogether. 
Mr. Enison was recalled by the Judge, and he stated that every sheep of 
his was under-bitten in the near ear. 
Amos Maltby saw the defendant buy sheep of Mr. Munday in two lots — 60 
and 42. 42 had pitch and tar and raddle on the near hip. Saw Mr. Walker 
buy 6 or 7 out of the remaining 12. 
Mr. Walker’s shepherd said that his master purchased a lot of sheep from 
the defendant, and the sheep had done well. 
This was the defendant’s case. 
Mr. Willmore , on behalf of the plaintiff, then contended that the defendant 
had not identified these 30 sheep that originally came from Enison, nor with 
those sold to Mr. Walker, and, the warranty being admitted, his client was at 
once entitled to their verdict. 
The Lord Chief Justice, after recapitulating the evidence, left it to the jury 
to say whether, after the admission of the warranty, they were satisfied the 
sheep were sound at the time of the sale. 
The jury consulted for a few minutes, and returned a verdict for the plain- 
tiff, damages <£19; and his Lordship certified for costs. 
MISCELLANEA. 
Murrain among Sheep. 
Within the last few days forty-nine sheep have been lost by 
Mr. Fountain, of Leake, under the following circumstances : — 
The flock was a short time since, and had been for some weeks, 
