SHEWAKD v. WIT HAM. 167 
still remains ; and the too great temperature of the stable might 
tend to keep up or aggravate the lameness. 
In November attended this horse for fever. 
In January saw him again : he was then lame of the near hind 
leg, from inflammation of the stifle: it was very much swelled, 
and hot and tender. Navicular disease is not necessarily con- 
nected with concave feet, but concave feet are often a cause of 
navicular disease. If he had seen the horse at first he should 
not have said that he was unsound if he was not lame. 
Mr. J. Bontal, F.S. — Saw the horse first in the early part of 
July. He was lame in both fore-feet, and most so in the near 
foot. He examined him several times ; he was always lame. 
He saw him again to day. He is still lame, — the feet are parti- 
cularly contracted, and this is the cause of lameness. 
Cross-examined. — A foot of this form has a tendency to navi- 
cular disease, and standing in a hot stable is likely to increase 
the inflammation. If diseased behind, the action of the fore-feet 
would be increased, and they would be more likely to give way. 
If he examined a horse with natural small feet and found no 
lameness, he should pass him as sound ; but if in addition to 
their smallness they were contracted, upon that account, although 
the horse might not be lame at the time, yet he should consider 
him unsound. Contraction takes place from disease — inflam- 
tion. It must have been the work of time to have produced 
what he saw : it probably existed before the sale. 
A letter from Mr. Sheward was then read, dated August 2d, 
stating that the horse was lame, and had been so from a day or 
two after the purchase, and consequently must be returned. 
A letter from Mr. Sheward’s solicitor was next read, late in 
August, to the same effect ; and a third letter, dated on the 
16th of September, again repeating that the horse continued 
lame, and urging Mr. Witham to make some settlement. 
The counsel stated, that the purchaser of a horse, finding him 
unsound, was bound to give notice in reasonable time. The 
plaintiff had not done this ; and, although the horse was said to 
be unsound at Baldock on April the 16th, the first communi- 
cation from Mr. Sheward is in August. 
The following witnesses were then called : — 
Geo. Blanchard. — Was servant to Mr. Witham at the time of 
sale. Remembers well the horse in question. It had been 
under his care a twelvemonth. It had been at grass — was taken 
up in October. The feet were a little bit smallish, but they were 
good strong feet — always sound — sound when he left. Mr. 
Knight looked over all the 25 horses. Mr. Dyson looked over 
the same horses. He took them to Lincoln, but he took two days 
to go twenty miles ; left the horse sound there. 
