452 
VETERINARY JURISPRUDENCE. 
Mr. Prendergast, for the defendant, contended that the horse was 
perfectly sound when sold by the defendant, and was so at that 
moment. The fact was evident, because Mr. Sayer was a vete- 
rinary surgeon, well skilled in horses, and in the habit of pur- 
chasing many, and it was very unlikely that he would allow an 
unsound animal to be palmed upon him. There could be no doubt 
that too high a price was given for the horse when £40 was paid. 
It was a hunting cob, and was not worth any thing of the kind ; 
and having been returned by Sir E. Travers because it was not 
handsome enough for him, and the plaintiff finding that he had 
paid too much for him, sought to return him on the ground that 
he was unsound. It was true that he was a description of horse 
called “flat foot,” but that did not constitute unsoundness. After 
commenting upon the evidence that had been given in support of 
the plaintiff’s case, the following witnesses were called : — 
John Spaull, groom of the defendant, Mr. Clarke, stated that 
his master had possession of the horse about a year before he sold 
him. He had frequently ridden the horse, which went well, and 
without stumbling. He had seen the horse in the possession of 
Mr. Howlett. Mr. Crabb, Mr. J. Wayman, and Mr. 0. Wayman, 
saw the horse at Bungay, about a week since. He went to Culford 
from Wey bread on the horse about Friday. The distance is thirty 
miles. 
Cross examined by Mr. O'Malley. — The horse was taken to the 
blacksmith’s to be shod. The second time I went with the horse 
to the blacksmith, but the blacksmith did not say the foot was 
unsound, nor did he say the horse was flat-footed. There was no 
suspicion the horse was wrong in the shoulder. The horse was 
put to work, and my master rode it himself a great deal. The 
horse never fell, nor was turned out to grass. The colt-breaker 
and my young master rode the horse. The horse was often ridden 
sixty miles in a day. 
By Mr. Prendergast. — The horse was never made up or doc- 
tored. 
David Smith, colt-breaker, at Weybread, deposed that the horse 
had been much ridden by him. The longest journey he took with 
the animal was to Euston Fox, twenty-seven miles. The next 
day his master coursed with the horse, and he (witness) rode the 
horse home. 
Cross-examined by Mr . Evans. — Did you ever say this horse 
was a screw] — No. Did you ever assist in getting rid of a screw? 
— That is my business. 
James Barber, blacksmith, of Weybread. — Had shod the horse 
for twelve months, and saw nothing unsound about his foot. The 
foot was flat, and the sole thin. 
