VETERINARY JURISPRUDENCE. 
117 
son, got by Boxer. Defendant said the price was £120, and 
that the horse was perfectly sound. Plaintiff in passing his 
hand down the throat observed some mark, and asked if the 
horse had ever had the “ strangles the defendant said he 
once had a slight touch while in the marshes, but that he 
was a perfectly sound genuine horse. Plaintiff said the 
price was too high ; the parties went to Romford fair toge- 
ther, and in the course of the day the plaintiff agreed to give 
£105 for the horse. Plaintiff paid a sovereign, but said he 
would not take the horse for a short time. Defendant re- 
plied he was very glad, as he wished to have his likeness 
taken. On the 11th of February plaintiff went, accompa- 
nied by a man named Simmons, to fetch the horse ; he paid 
the £104 balance, and asked for a receipt and warranty. 
Defendant said there was no necessity as he had a witness. 
He would warrant the horse perfectly sound and genuine. 
Plaintiff took the horse home and kept him until the cover- 
ing season ; when that time came round and the horse was 
used it was found he blew his nostrils and exhibited every 
mark of unsoundness. He was sent to the Veterinary Col- 
lege and pronounced to be a confirmed roarer. It was also 
stated that his sire, Boxer, was a roarer, and the disease was 
hereditary. Plaintiff complained to defendant that the 
horse was unsound. Defendant said it was no matter, he 
would get him plenty of customers. Plaintiff could not get 
any settlement, so he was obliged to bring an action. The 
present value of the horse was stated to be £50. The 
plaintiff stated he had made £50 to £60 by the horse while 
he had him. He denied most positively that the defend- 
ant had ever said he should take the horse with all his 
faults. The plaintifFs account was confirmed by Simmons. 
Mr. Harris , veterinary surgeon, stated that the horse was 
unsound from a disease of the respiratory organs called 
roaring; the disease was in its chronic stage, and must have 
existed for nine or twelve months. 
Cross-examined. — The disease might arise from various 
causes. Ill treatment would produce it. Carriage horses 
were more subject to it than saddle horses from the tight 
reining. 
Professor Varnell , of the Veterinary College, had examined 
the horse on the 17th of November, and found him un- 
sound. In his opinion the disease was of long standing — 
some months. 
The defence was that the defendant had never warranted 
the horse, and when the sale took place he had every reason 
to believe that the horse was perfectly sound. The defend- 
xxxi. 16 
