356 
VETERINARY JURISPRUDENCE. 
would have been implied from the price, if it was considered as a 
fair value for the animal, and the first seller would have been 
liable to take back the animal, as I have numerous cases to 
prove ; but the sale took place in England, where the warranty 
must be express , and not implied. However, the gentleman, 
much to his credit, paid back part of the price to Mr. Cunning- 
ham on learning the true nature of the disease, and that there 
was no doubt of its existing at the time of sale. 
Challand v. Braye. 
[The singular character of this case will give it some little 
interest, although, perhaps, not strictly connected with the 
general character of our periodical.] 
The plaintiff in this case had made a match with a third party 
to trot two horses, for £25 a side, upon a part of the turnpike- 
road between Huddersfield and Woodhead. Each party deposited 
£15 with the defendant as a stakeholder ; but the plaintiff re- 
fused to run his horse, and brought this action to recover back 
his deposit. The case having come on for trial before the Under- 
Sheriff for Yorkshire, a verdict was returned for the plaintiff — 
damages, £15. Leave was, however, given to the defendant’s 
counsel to move this Court for liberty to enter a nonsuit, upon 
the ground that, as the wager was a legal one, the deposit had in 
the circumstances been forfeited, and that the plaintiff was, there- 
fore, not entitled to recover. 
Upon a former occasion the rule had been obtained, and cause 
was subsequently shewn against it upon the ground, first, that 
the race being only for £25, was for a lesser sum than was allowed 
by the law, which rendered illegal all races for sums less than 
£50. It was also contended in the same place, that a race upon 
a common turnpike-road was illegal even at the common law, in 
consequence of the danger which might result to the public in 
passing along that way in the exercise of their lawful avocations. 
With regard to the first point, his Lordship referred to a case 
which had occurred in the Court of Common Pleas, in which it 
had been decided that a race for £25 a side was to be considered 
as a race for £50. Upon the second point Mr. Justice Coleridge 
admitted that, in all cases, a race upon a turnpike-road would be 
highly inconvenient, and, in the majority of instances, be actually 
illegal. He could not, however, assume that it was impossible to 
select such a time, and take such precautions, and make such 
arrangements upon the subject as to make such a race perfectly 
