VETERINARY JURISPRUDENCE. 
409 
fendant’s brother; it was a grey wagon-horse; told defendant that 
there was a lump on the near fore pastern joint of the horse ; the 
horse was in the field, and the defendant said it was just the thing 
for him. When Mr. Madders came in, he asked defendant £65 for 
it ; defendant offered 60 guineas for it ; plaintiff asked defendant 
who was to pay for the horse, when defendant pulled out his purse, 
and said if he bought the horse he would pay for it. The horse was 
purchased for £64, and was sent to Whitmore station; I saw Mr. 
Madders at Mr. Moss’s house, after the horse had been at Man- 
chester, where he had been taken by defendant the day after he 
had bought him. Madders said to Moss, “ I want the money for 
the horse ;” Moss refused paying, because he said it was bone- 
spavined. Mr. Madders said the horse must be examined, and 
chose Mr. Mayer, of Newcastle, for that purpose ; defendant chose 
Matthews, of Drayton ; plaintiff refused this, and said Matthews 
and he were not good friends, and it was taking an advantage of 
him. I said, Mr. Matthews will give a just opinion; they then 
agreed that Mr. Matthews should examine it, and, if the horse was 
proved to be unsound, the plaintiff was to take the horse back, and, 
if sound, then Mr. Moss was to pay for it ; told Mr. Matthews he 
was to examine the horse, and his decision was to be final. 
Cross-examined by Sergeant Talfourd. — Have never been in 
partnership with Mr. Madders ; I had offered £60 to Mr. Lea, of 
Stoke Grange, for the horse in question ; did not meet John Moss 
at Mr. Simpson’s house for the purpose of purchasing the horse ; 
did not tell John Moss then that I had joined in the purchase of 
that horse and another from Mr. Lea, of Stoke Grange ; did not 
agree to sell him the horse for £60 ; the horse was warranted 
sound at the time when the bargain was made. 
Mr. John Madders , son of the plaintiff, spoke to the same effect 
as Mr. Hopwood regarding the purchase of the horse. 
Mr. Miles Matthews , veterinary surgeon, Market Drayton, 
described the examination he made of the horse in question. 
On cross-examination, Mr. Matthews said the horse had no 
spavin at all, or any thing that might be taken for it : there was a 
deposition in the leg, arising from the want of work. 
On re-examination, witness stated that he had told Mr. Moss 
that the horse was perfectly sound ; and though there was a little 
deposit about the hock, still he thought, by work and proper treat- 
ment, the horse would soon be right again; have heard that Thomas 
Moss was in partnership with his brother, John Moss. 
Mr. Henry Grimley , examined by Mr. Whateley. — Am an 
attorney at Market Drayton : during the time I was with Mr. 
Warren, Mr. Thomas came to the office, and said he was willing to 
