VETERINARY JURISPRUDENCE. 
351 
had better go to the stable, and look the horse over again, and 
that Clay had filed his teeth about twelve months before. Mr. 
Allen galloped the horse sharply out of Overton. It was in fair 
condition. When Mr. Allen mounted to start to Ellesmere, wit- 
ness told him he had better not ride him any further, as he had 
only come from grass that day ; but Mr. Allen said he was in a 
hurry, and would ride him to Ellesmere. Mr. Allen paid him for 
the horse that evening, and said he came to Ellesmere in a very 
short time. Witness went to look at the horse in the stable, and 
found him with his two legs stretched out under the manger, and 
completely broken down. The horse never quidded while in his 
possession, and had no other defect but roaring. If sound, he 
would have been worth £100 as a hunter, and £60 to a dealer. 
Cross-examined. — Riding at a good pace would not make him 
quid. 
David Morris said he was groom to Mr. Denstone in August 
last, and looked after Bootjack. He had a bad cold when at 
grass, and afterwards began to whistle, and was brought up to be 
examined about a fortnight before he was sold. Never observed 
that he quidded, or that any thing ailed him but roaring and a cold 
in the throat. Remembered Mr. Allen overtaking them. Was 
by when he asked Mr. Denstone if he could warrant the horse, 
and he said he could not. 
Cross-examined. — Before Mr. Allen got on the horse, Mr. 
Denstone said he was a whistler, but nothing else that he knew of. 
Mr. T. Price said he saw the horse in Mr. Allen’s stable on 
the 16th of August, with a very heavy blister under his jaws, 
which prevented him from swallowing. He chewed some hay, 
but could not swallow it. He considered him unsound then. 
Mr. W. Sparling, jun. of Petton, knew the horse, and valued 
him, when at grass in the summer, at £60. He swallowed then, 
as well as the other horses. 
The learned Judge said there were three questions for the jury 
to decide : — 1st, Whether there was any warranty given at all ; 
2d, Whether it was binding on the father ; and, 3d, Whether the 
horse answered to that warranty; in other words, Whether he 
was sound in all respects, except being a whistler, at the time of 
the sale, or not. The declaration stated, that the defendant war- 
ranted the horse in all respects, except being a whistler. De- 
fendant said he never made such a warranty ; but if he did, it 
was true that he was all right, except being a whistler. Two 
witnesses have sworn that the defendant’s son did give a warranty 
in these words, and the defendant’s son has positively sworn that 
no such warranty was given. It was unfortunately a characteristic 
of these cases, that there was much contradictory swearing, and 
