418 
VETERINARY JURISPRUDENCE. 
Sayer v. Clarke. 
Fever in the Feet ? 
Mr. O’Malley, Mr. Evans, and Mr. Palmer, were counsel for 
the plaintiff ; Mr. Prendergast and Mr. Couch appeared for the 
defendant. 
Mr. Palmer opened the pleadings. The plaintiff was Mr. 
Daniel Sayer, and the defendant Mr. Robert Clarke ; and the de- 
claration stated that in the month of October, 1849, the plaintiff 
bought of the defendant a bay cob gelding at the price of £40 — 
that the defendant warranted it to be sound — and that it was not 
sound as warranted, which was the issue the Jury had to try. 
Mr. OMalley stated the case. He said the plaintiff was Mr. 
Sayer, a veterinary surgeon at Norwich — a gentleman, he believed, 
of very high standing, and to whom the gentlemen of the county 
were very frequently in the habit of resorting when they wanted 
horses. He did not act as an agent upon such occasions, but when 
he heard that a person wanted a horse, and met with one that 
was likely to suit, he bought it, in the expectation that the party 
would take it. Should the individual, however, not become a 
customer, Mr. Sayer took upon himself the responsibility of the 
purchase, and sold the horse to some one else. About the 4th of 
October last year, Sir Eaton Travers, of Yarmouth, happened to 
be in want of a horse, and intimation was given to Mr. Sayer by 
Mr. Steward, brewer, of Norwich, that the defendant, Mr. Clarke, 
who was a farmer and brewer at Wey bread, in the county of 
Suffolk, had a horse which was likely t,o suit Sir Eaton. Mr. Sayer 
accordingly went over to Wey bread to view the horse. The 
learned counsel then proceeded to detail the circumstances of the 
case, which will be found in the subjoined evidence. The action 
was brought to recover the sum of £22, the sum to make up the 
difference for which the horse was sold after he had been returned 
as unsound. 
Henry Pearse . — I occupy a farm at Pulham, in this county. I 
know Mr. Sayer, the plaintiff, who is a veterinary surgeon in 
Norwich. The defendant lives at Weybread. I went there to 
look at a horse with Mr. Sayer. Mr. Sayer told him what he 
wanted. He looked round the horse in the stable, and the defend- 
ant said it is perfectly sound ; I will warrant it. The cob was then 
led out of the stable, and was run backward and forward. Mr. 
Sayer was about to look at him again, when the defendant said, 
