296 ACTION ON THE WARRANTY OF A MORSE. 
quality for a gentleman’s carriage in the metropolis. Conferred 
with the defendant, and subsequently bought it with a warranty of 
“ sound and free from vice, no crib-biter, roarer, or windsucker,” 
for £33, and sold it a day or two afterwards to a Mr. Oxley, a 
farmer, for £5 profit, and £2 more if it fetched £70 at Lincoln 
market. Jt was, however, pointed out to Mr. Oxley, and that 
gentleman ascertained thereupon that he had a contraction of the 
near fore-hoof to the extent of half an inch, and was thereby made 
lame and irremediably unsound. He gave notice to the plaintiff, 
who was obliged to take him back, and did so, repaying to Mr. 
Oxley the £38, and paying over £12 for sixteen weeks’ keep, at 
15s. Mr. Woodhouse, the plaintiff, sought to induce the defend- 
ant to take back the horse, and pay him the £33, and what he had 
had to pay for the keep ; but the defendant, though he offered to 
take back the horse, and pay back the £33, wholly refused to pay 
any thing in respect of the plaintiff’s payment for the keep. This 
induced the present action. Mr. Oxley, a farmer? had bought the 
horse with the view of making him up for the Lincoln fair market. 
The horse was subsequently put up at Lincoln fair, to be sold by 
auction, where, as it was stated, and appeared probable, agents 
employed by the defendant bought him for £33, the price at which 
he had sold him ; and the defendant immediately resold him to a 
witness for £20 on the very same day. The auctioneer paid over 
the £33 to the plaintiff, minus £1..3s., this latter sum being the 
amount of his charges. It appeared from the plaintiffs evidence 
that the horse’s near fore-hoof had been contracted, as stated, half 
an inch ; that it was consequently lame, and that the evil must 
have been of six months or so, at least, standing. This was stated 
to be evident, from the fact that the muscles of the fore-arm of the 
shoulder had actually become contracted. 
A great number of witnesses were called on both sides, all of 
whom diametrically, as usual, opposed the statements of the op- 
posing witnesses. The horse was returned to the plaintiff about 
the middle of April. 
John Cheswick was acting as groom in Mr. Oxley’s stable. 
Saw that the horse was lame in the near fore leg. Wasn’t able 
to tell the cause. Told Mr. Oxley of it. Afterwards bled him, 
and gave him a dose of physic. He got no better, and was re- 
turned. The feet were stuffed with dung by accident. 
Alfred Huddlestone. — Was a veterinary surgeon at Kirton, and 
member of the College. Had been in practice twelve years. Was 
sent for, and examined the horse in April. Its unsoundness was 
at least of six months’ standing. Had a contracted foot. Founded 
his opinion of the long standing by the wasting of the muscles of 
the shoulder. One foot was nearly half an inch less in diameter 
