VETERINARY JURISPRUDENCE. 
SHREWSBURY ASSIZES, March 17. 
Allen v . Denstone. 
This was an action brought to recover the value of a horse 
which the defendant sold to the plaintiff in August last, under a 
warranty that he was all right except being a whistler. The war- 
ranty turning out to be false, the plaintiff sought, by the present 
action, to recover damages sufficient to cover the loss he had 
sustained. 
It was soon found that he was diseased in his teeth, and that 
his food passed through him undigested. The horse, getting worse 
and worse, was turned out to grass, and, in November, taken to 
Shrewsbury and examined by two veterinary surgeons, and finally 
died in January last without having done any work since the day 
he was purchased. 
Mr. John Townsend Bathe said, he was assistant to the plaintiff : 
on the 7th of August last, he was returning with Mr. Allen and a 
boy in a gig from Wrexham, and overtook Mr. Denstone, jun. be- 
tween Wrexham and Overton, riding on the horse in question. 
Mr. Denstone said, he had been at Wrexham fair, trying to sell his 
horse, and asked Mr. Allen if he would buy him. Mr. Allen said 
No, I’m not in want of a horse of that sort; but what do you want 
for him V’ Mr. Allen remarked that he looked very bad, and Mr. 
Denstone said, he had just had the influenza. Mr. Allen then 
asked if he warranted him sound, and Mr. Denstone said, Yes, ex- 
cept being a whistler. Mr. Allen got out of the gig, and got on 
the horse, which he rode into Overton on trial; Mr. Denstone took 
Mr. Allen’s place in the gig. When Mr. Allen got off the horse 
at the inn at Overton, he said, He’s a roarer, and Mr. Denstone re- 
plied, No, he’s not; he’s only a whistler. Ultimately, plaintiff and 
defendant went into a room. Witness met them coming out of 
the house, and Mr. Allen told him he had bought the horse, and, 
turning to Mr. Denstone, said, “Mark, he must be all right, except 
being a whistler,” and Mr. Denstone said, he was. Mr. Allen also 
rode the horse on to Ellesmere. The next morning witness went 
into the stable, and observed that there were several quids under 
the horse’s feet and in the manger ; also that he scoured very much, 
and that his dung contained unmasticated oats. He also observed 
the same appearances the next day. On the 12th of August he 
examined his mouth, and found his teeth irregular, and his jaws 
