166 
COUJttT OF EXCHEQUER. 
This was not, however, communicated by the plaintiff to the 
defendant until the 17th, when, in consequence of the receipt 
being sent down without a warranty attached, the plaintiff* com- 
plained that the horse was unsound. 
A correspondence ensued thereon, and the result was, that he 
was afterwards sold at Derby, and bought by an agent of the 
defendant for forty-one pounds, and this action brought to re- 
cover the difference between that sum and the price originally 
paid for him, together with sundry expenses. 
On the part of the defendant, Rice, and the parties connected 
with the stables, deposed to the horse in question having been 
bought in the country as a sound horse ; and to the fact of his 
being perfectly sound, and free from any thing like a thrush, at 
the time of the sale. 
As to the first plea, however. Rice seemed to admit that he 
had told the plaintiff on the day of the sale that the horse was 
sound, so that that was removed from the consideration of the 
jury by the learned judge. 
On the other plea, evidence was adduced to shew, that when 
the horse reached the defendant’s stables, after the sale at Derby, 
though its fore feet were in a very distressed state, yet that must 
have been produced by neglect after the purchase by the plain- 
tiff, as, within a week, he was again sold by the defendant to a 
Mr. Bush, in the country, as a sound horse, for one hundred and 
thirty-five guineas, and no complaint had ever been made of him 
from that time to the present. It was therefore contended, that 
the lameness and disease then existing were not the result of 
any long standing thrush, causing contraction of the hoof and 
consequent pressure on the sensitive part of the “ frog,” in which 
case the unsoundness would be of a permanent character, but 
that it must have been produced by improper “ stopping,” and 
neglect in the plaintiff’s stables, in which case the “ thrushes” 
were quite capable of being obviated or removed by due skill and 
care in a few days, while they might be produced in as short a 
time. 
Mr. Thesiger having replied at great length on the whole 
case, in which he took occasion to disclaim any imputation on 
the character of the defendant, Mr. Baron Gurney left it to the 
jury to say whether the horse was lame, in point of fact, on the 
26th of September. 
The jury, not being able to agree upon their verdict, retired, 
and remained locked up until ten o’clock, when they returned a 
verdict for the plaintiff — Damages £66. 
