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VETERINARY JUR I SPltUDENCE , 
worked for him in his business, and defendant, understanding that he was 
in want of a horse, was kind enough to drive this horse over, and strongly 
recommended him to his friend the tailor. It was a showy animal, and it 
pleased the plaintiff, who was disposed to have a trial of it. It was put into 
the plaintiff's gig, and defendant, wishing to drive his own horse, got into 
the gig and drove it quietly over the stones, but when off the stones he began 
to trot, and plaintiff did not perceive there was any symptom of lameness or 
unsoundness. Plaintiff said it would suit him if it was a quiet horse, and de- 
fendant said he would warrant it sound and quiet in harness. The price 
agreed upon was <£56.. 16s.; £55 to be paid in money, and <£’1..16s. taken 
out in a pair of trousers. The parties separated, mutually satisfied — the plain- 
tiff that lie had got a fine horse, and the defendant that he had £55, and a 
pair of trousers in prospect. On the next day the plaintiff’s groom rode the 
horse, when he observed that he went a little unsteady with one of the hind 
legs, and he had no doubt the horse was lame in the near hind leg. Another 
trial was made by the plaintiff’s son, but being no judge he took him to Mr. 
Garrett’s, a friend of his, to have his opinion of it, and he observed that it 
was a little lame in the near hind leg. This opinion was brought back to 
the master, who then wrote a letter, dated the 2d of May, to the defendant, 
stating that he found the horse quite off his legs when he first went out of 
the stable, and till he got warm he was stiff all round, which almost amounted 
to lameness. To this the defendant returned the laconic answer — “ I can 
only say I sold the horse to you sound and quiet in harness, and that I will 
abide by.” Plaintiff not being satisfied, on the 20th wrote again, saying that 
the horse was decidedly lame ; adding, “I bought him on your word as a 
gentleman ; if I had been treating with a dealer I should have been on my 
guard, but from what you said I took it for granted he was sound. I shall 
fully expect you will take him back, or make some allowance.” In reply, 
the defendant said the horse had been in his possession eighteen months, 
and had never been lame during that time, as he could bring twenty persons 
to prove ; and he trusted he should hear no more on the subject. Some 
time after the plaintiff directed his groom to take it back to defendant. 
Defendant refused to receive it, and on the 18th of June plaintiff gave notice 
that it would be sold by auction. It was advertised for sale, and on the 25th 
of J une was sold, with all its faults, for <£22. 
Under these circumstances plaintiff brought his action for the difference 
in price, the expenses of the auction, and the keep till the period of the sale. 
Now, it would be necessary to prove — 1st, that defendant warranted the 
horse, which would be done by his letter, in which he admitted it, and it 
could also be proved by plaintiff’s son. He should also prove that the horse 
was unsound at the time of the contract : this he should establish by distinct 
and indisputable evidence — by the groom, and by four veterinary surgeons, 
who severally saw it, and came to the conclusion that it was unsound by 
reason of a bone spavin in the near hind leg, and contracted hoofs. It seemed 
that defendant had hunted the horse, and hard work might have led to in- 
flammation, and this would produce contracted hoof. 
William Saxty, examined by Mr. Chambers: — I am the son of the plaintiff, 
who is a tailor, at Colchester; defendant lives at Tollesbury, twelve miles off. 
On the 28th of April, a horse was brought to my father’s stables ; m v father 
was out; I saw the horse, walked him about, and put it in the stable. Half an 
hour after my father and defendant came into the shop. My father asked if it 
was sound, he said Yes, and the price was £60. My father offered to give £55, 
and a pair of trousers, value <£1..16s. ; he agreed to this, and my father paid 
him : it was then about one o’clock. The next day I took the horse to West 
Berg'holt, to shew him to Mr. Garrett ; after walking him off the stones, I 
VOL. XVI. H h 
