494 
y KT K K l N A R Y J U RI S PttU D K NCK. 
blish a breach of warranty, and in support of this view the follow** 
ing evidence was given. 
Mr. Abraham Umbers: — ] am a farmer living at Weston Hall, 
in this county. 1 know Elkington the defendant ; he resides at 
Ryton Heath. I know Mr. Brown, the plaintiff, who lives at 
Warwick, and is a veterinary surgeon. 1 recollect seeing Elking- 
ton at Coventry market on Friday, the 30th October, 1840. I 
knew he had a horse for sale. 1 asked if he would allow me to 
ride part of the way home with him, as I had a friend who was 
likely to buy the horse. He said 1 should. I did. On the fol- 
lowing Wednesday (the 4th of November) I went over with Mr. 
Brown to the defendant’s house. He was at home. I saw the 
horse ; Mr. Brown was with me when I saw him. At that time 
1 was aware that the horse had been returned from Mr. Thillipson. 
Had spoken to Mr. Elkington many times on the subject of the 
horse being returned. When the horse was shewn to me on the 
4th of November, I understood Mr. Elkington that it had been 
returned for restiveness. Mr. Brown got upon the horse, and 
Mr. Elkington accompanied him to Baginton, where Mr. Hellier’s 
hounds met. I went with them. Mr. Brown rode the horse. 
As he was going along, Mr. Brown said, “ i believe you say the 
price is sixty guineas : you ought to take something off, consider- 
ing that he has been returned for restiveness — that I bar — he 
has also suspicious hocks.” Mr. Elkington said he would warrant 
him sound to any man in England, and would not bate a farthing. 
We rode on to Baginton, and when we got there Mr. Elking- 
ton wanted Mr. Brown to determine, as he (Mr. E.) wished to go 
home. Mr. Brown then said, that if he would bate £3 he would 
buy the horse. Mr. Elkington said he would not ; he would take 
it home. Mr. Brown then said, “ 1 did not come to chaff you, 
nor to be chaffed myself,” and Mr. Brown gave me his purse to 
pay for the horse. 1 took out £60 to pay for it, and it was ar- 
ranged that I should pay the other £3 when I met Mr. Elkington 
at Coventry market. 
Cross-examined * — After Mr. Elkington left us at Baginton we 
continued to follow the hounds: it was a very wet day. It was 
on the 4th of November that Elkington said he would warrant 
the horse sound to any man in England. The hocks were evi- 
dently curby. Mr. Brown said that they were very bad hocks. 
Mr. Elkington did not say, “ he has never been lame, and I 
warrant he never will go lame.” He said, “ he never has been 
lame, and I will warrant he is sound to any man in England.” 
Mr. Brown had been there before with me to see this horse. He 
went to Mr. Elkington’s house about a fortnight before. The 
horse was brought out of the stable. Mr. Brown saw the state 
