VETERINARY JURISPRUDENCE. 
347 
would warrant the horse sound 1 and he replied, he would warrant 
it sound in every respect , or words to that purpose. On the faith 
of that warranty, I paid him £‘28 by cheque for the horse, which 
cheque he got cashed within an hour afterwards. I don’t think 1 
rode the horse for two or three days after the purchase. It, how- 
ever, turned out unsound. I fancied there was a lameness as well 
as a heaviness of breathing ; and I wrote to Batt to that effect. 
Batt answered the letter. I again wrote to him, requesting he 
would come over ; and on the 11th of February I sent a messenger 
to say I should sell the horse ; but Batt did not come over until the 
16th, within an hour of the horse leaving the stable for Bristol. 
He proposed that I should take a cob to use for the time, request- 
ing that 1 would say nothing about the matter, and he would 
take the horse to a farm, and within a few days he would get 
another that would suit me. I told him the shortest way would be 
to refund me the money I had paid him ; but this he positively 
refused to do, and I declined acceding to any other terms. “ Do 
as you like, then !” he exclaimed : “ issue your writ — I only want 
two or three more, and then I shall have enough to roast a fat duck 
with.” I then told him plainly that I should sell the horse, and 
sue him for the difference. 
Cross-examined by Mr. Norris : — I at one time kept a great 
number of horses, but at Christmas I lowered my stud, and at 
present I have only one horse. I have occasionally bred horses, 
but never had as many as half a dozen at one time. I think the 
greatest number I ever kept was four. I submitted the horse in 
question to the inspection of Mr. Croley, a veterinary surgeon, 
who at once said that he had some doubts as to its difficulty of 
breathing, and recommended me to get a warranty. I never pro- 
mised more than £28 for the horse ; Batt asked ^30, but I said 
£28 was my price, and I would give no more. I am not aware 
that the Duke of Beaufort has several roarers in his stud ; nor am 
I competent to say whether roaring affects the working of a horse. 
The nature of my complaint to Batt was, that the horse was lame, 
and otherwise unsound. I distinctly said I would not buy the 
horse without a warranty, and he gave me the warranty I have 
stated, observing at the time that Mr. Tugwell had recommended 
him, when a horse did not give satisfaction, to take it back, charg- 
ing a moderate sum for the use. 
Mr. Norris. — Pray, Mr. Pownall, is this the first horse cause 
in which you have been engaged 1 
Mr. Pownall . — In my opinion, your question is very unneces- 
sary ; and I am rather surprised that you should put it, recollecting, 
as you must, that you were attorney to a very unfair defence in 
an action which I had brought. 
