VETERINARY MEDICAL SOCIETY. 
507 
soon discovered a slight blemish on one of the eyes. He g a ' e 
no warning to the vender, but sold him to anothei peison oi a 
greater sum than he gave for him. The horse was returned. e 
sold him to a second and a third person, and the horse returned. 
He then tried to send him back to the original vendei. 10 
vender refused to take him, on the ground ot want of notice. n 
action was commenced, and he was obliged to keep him. . ie 
next assizes probably the very contrary result took place. 
Mr. Percivall.—A horse may be returned under a general war¬ 
ranty having pneumonia, if it can be proved that he ha coug 
at the time of sale, and that the cough has never left him. ie 
meaning of a general warranty is, that a horse is perfectly soun . 
Mr. Field .—Any thing that a buyer does to a horse after being 
aware of his unsoundness is an objection to his recovery. e 
should not even ride him after the unsoundness has been dis¬ 
covered. The very act of keeping the horse after he was pro¬ 
nounced unsound would make him his own. . 
Mr. Luthe related a case. A gentleman’s coachman had been 
sent to examine a horse. He reported that the horse had small 
feet. The master bought him in despite of Ins feet. In a lew 
days he became lame. He returned him, and commenced his 
action. It was proved that the horse had always these small feet, 
and had never been lame before. He recovered the value of the 
horse 
Mr. Field .—He very properly recovered, for small feet will 
not necessarily be connected with lameness. It may be the na¬ 
tural conformation of the foot. There may be length of pastern 
and great elasticity to compensate for the diminished size of the 
feet. 
Mr. J. Turner .—If a horse with small feet becomes lame 
shortly after purchase, without any particular circumstance to 
account for it, the lameness w r ould be naturally attributed to the 
ft °Mr. Field, reminded by Mr. Woodin, related a case. A horse 
was sold with flat feet, yet warranted to be an excellent roadster, 
and able to go to Brighton on one day, and bock on the next. 
His father examined the horse and pronounced him sound, but 
said that the feet were of that description, that he probably would 
not stand very hard work. The horse was sold without any spe¬ 
cial warranty of the feet. He was rattled about, and soon had 
inflamed laminae, and became lame. The buyer brought h»s 
action for the value of the horse, but was nonsuited on this ground, 
that the horse was sound, and that, not having taken a guarantee 
ao-ainst the weak points which were shown to him, he had re¬ 
lieved the seller from all responsibility. The judge remarked, 
