106 
VETERINARY JURISPRUDENCE. 
Whether the pursuer, within reasonable time, gave notice to 
the defender of the alleged unsoundness? and, whether the 
defender is indebted and resting-owing to the pursuer in the 
sums set out in the annexed schedule, or either or any part 
thereof? 
Schedule of Sums Claimed, 
£25, being the price of the horse in question, with interest 
thereof from the 10th day of November, 1852, under deduc- 
tion of the sum of £12 135., paid over by the defender to 
the pursuer’s agent on the 12th day of January, 1853, as 
stated in minute of restriction, No. 20 of process. 
£10, expenses of keepf loss, and damage, as set forth in 
No. 6 of process. 
Evidence for Tursuer . 
1. John Balfour, pursuer, farmerat Gilston : Attended 
Hallow fair irt November last. There purchased horse in 
question for his dog cart — a roan gelding — from defender, to 
whose repository witness went. Had no particular trial of 
horse. This was on 10th November, 1852; paid £25, a 
Wednesday. Got warranty, which is No. 4 of process; 
relied on it. One of defender’s men rode the horse to Dal- 
keith for witness. Witness drove his dog-cart same evening 
to Gilston, 13 miles, the horse being behind, led by a 
person sitting on hind seat of cart. It was dark. Witness 
did not observe horse that evening ; was driving. Witness 
put horse in harness for first time on following Sunday, the 
14th. Drove to Blackshiell, about 3| miles distant, and 
back. Observed horse tender when going on any hard 
part of road; did not go so well as on soft part. A few 
days afterwards, first opportunity, witness sent for smith ; 
thought shoes might be wrong; might be on Wednesday. 
Horse taken to smith by S}Mserf, a young gentleman with 
witness as a pupil. On Thursday, next day, he drove horse 
to Dalkeith ; horse going same way over rough road. That 
was season for metalling roads. Witness thought that leather 
soles under soles might benefit horse, and sent him to Mr. 
Allison for that purpose ; but on first occasion horse sent to 
Allison to be frosted, and it was on an after occasion that he 
was sent for leather soles. This was about a week afterwards, 
when witness was driving in to Dalkeith, and, finding horse 
going same way, thought something wrong, and sent him to 
Allison to get new shoes with leather soles. This not un- 
usual when roads new metalled. Horse got worse, and wit- 
ness, in about a fortnight afterwards, brought horse again to 
