350 
V ET EllIN All Y JU Ills P RU D EN CE. 
Mr. Denstone, sen. said to his son, he would have been crazy to 
have sold a horse with a warranty for £9, which, if he had been 
sound, would have been worth £60. The name of this horse was 
Bootjack ; he was second in a steeple chase in December, 1837, 
and was much admired as a hunter. The plaintiff was told at the 
time of sale that the horse would not be warranted, and also that 
he was a roarer, and had had his teeth filed. He concluded with 
expressing his confidence, that they would consider that no war- 
ranty had been given. 
Mr. Stephen Denstone, jun. said he lived with his father at 
Stanwardine Hall ; his father bred the horse. In August last, he 
was rising seven years ; about twelve months ago, he cut his cheek, 
and then his teeth were filed. Up to the time he was turned out 
last season, nothing else was the matter with him. He had hunted 
two seasons, and run in a steeple chase. He was turned out early 
in April, 1837, and thrived well at grass. Remembered David 
Morris making a communication to him on the 6th of August last. 
In consequence of what he said, witness got the horse in the sta- 
ble, and found he was a roarer. His father was present, and or- 
dered witness to sell him at the first fair, but told him not to 
warrant the horse. In consequence of those directions, he took 
him to Wrexham, but found there was no horse-fair there. Mr. 
Allen overtook him (as he was returning) near the Cock Bank, 
three miles from Overton, and asked what horse it was which 
witness was riding : witness replied, it’s your old friend Boot- 
jack, and asked if he would buy him. Mr. Allen said he did not 
want a horse at present, but, when witness said he would sell him 
cheap, he asked what witness would have for him ; witness was 
not positive whether he replied, £16, £ 1 7, or £18. Mr. Allen asked 
what was the matter with him ; witness said, He can’t keep it a 
secret ; he’s a whistler. Mr. Allen said, Perhaps he’s a bad roarer. 
Witness said he was not, and that Mr. Allen might ride him, and 
try. He then got on the horse, and cantered off, and witness got 
into the gig. Up to this time nothing was said about a warranty. 
At Overton, he and Mr. Allen went into a private room at the 
White Horse. Mr. Allen said he could not get more than £10 
for the horse, and he ought to have £1 for buying it, and after 
some haggling, witness let him have it at £9, but nothing as yet 
had been said about a warranty : presently, however, Mr. Allen 
said he supposed he would give a warranty with him ; witness 
said, Warranty ! He could not think he would warrant a horse 
like that for £9. Mr. Allen asked if there was any thing else the 
matter with him besides being a roarer ; witness replied he had 
not seen any thing of the horse since he went out to grass, but he 
went out sound : Mr. Allen said, very well, he would ride him to 
Ellesmere, and then give witness the money. Witness said he 
