VETERINARY JURISPRUDENCE. 
605 
Doncaster County Court. 
SIMPSON V. SAUL. 
A curious case was heard before W. Walker, Esq., in the 
Doncaster County Court, on Tuesday, the result of which 
would seem to show that no person purchasing a horse is 
safe, even with a written warranty, unless he takes it to a 
solicitor to ascertain if the terms are binding. 
The action was brought by Mr. T. H. Simpson, of 
Conisbro’, against Mr. T. Saul, of Foxholes, to recover £35 
for an alleged breach of warranty. 
A horse was bought by Mr. Simpson of the defendant for 
£54, in November last, and the defendant gave the following 
written warranty with it: 1856, Nov. 24. Sold to T. H. 
Simpson a bay horse rising five years old, for £54 Warranted 
sound. Thomas Saul." 
On taking the horse home, Mr. Simpson discovered that it 
was not what had been represented — he was not up to his 
work, and was a year younger than had been described. 
This juvenility was a serious detriment to the value of the 
horse, as it would have been worth a great deal more if it had 
been of the age described in the warranty. 
The point in dispute was not whether the animal was 
“ sound/ 5 but whether or not it had reached the age stated 
in the warranty. On this point the evidence was very con- 
flicting, and eminent scientific witnesses had been brought 
together from all parts of the country — for the plaintiff. 
Professor Spooner, of the Royal Veterinary College, London ; 
Mr. William Field, London ; Mr. B. Cartledge, Sheffield ; 
Mr. Mather, Doncaster ; Mr. Nicholson, Womersley; Mr. 
J. D. Peech, Wentworth; and Mr. Brown were called. 
For the defendent — Mr. Turner, Tickhill (late of Sheffield) ; 
Mr. Charles Taylor, Nottingham ; and Mr. Reynolds, 
Mansfield. 
However, the case was not decided on its merits, but on a 
technical question respecting the warranty. Mr. Smith, on 
behalf of the defendant, contended that the warranty was 
one of soundness only and not of age. If it had been intended 
to warrant the age of the horse the word “ warranted 55 would 
have been placed before “ rising five years old, 55 and not 
before “ sound. 5 ’ The warranty extended to nothing more 
than soundness — the other part being a mere representation. 
The Judge held this objection to be fatal, and after some 
discussion he directed a nonsuit to be entered. 
XXX. 
80 
