SALE OF HORSES BY AUCTION. 
571 
•gate, where we were brought to a parley. Many high words 
passed with the farmer, and, as he had both law and equity on 
his side, I was prepared for another rough job through the 
brook, when the guardian of the post-bags, in a most resolute 
tone, swore he would take the responsibility of shooting any 
man who stopped the mail, and, suiting his action to the word, 
produced his pistol. This formidable hint took immediate effect, 
and, the gate being thrown open, we entered in triumph. Our 
• waggon still kept the van, and, crossing the ploughed field, we 
soon observed a new wattled fence, four feet in height. We 
kept on at a steady trot, and, as we approached the fence, and 
• my curiosity was excited to the highest pitch at a crack of the 
whip, and Come, Harry, boy,” addressed to one of the leaders, 
the horses absolutely cleared the fence in true Meltonian style, 
and we at their tail, waggon and all, pitching like a boat in a 
.heavy sea, and clinging to whatever we could lay hold of, to 
escape rolling overboard.” Mr. Fergusson afterwards met with 
the proprietor of the stage; he recounted to him his adventure, 
commending the skill of his men and the activity of his horses. 
No coachman,” .he replied, could manage that stage, unless 
they have grown up upon His horses cost him from 100 
to 120 dollars each. He enters them at five years old, and, by 
gentle treatment, they speedily become tractable and handy, 
ready to charge an ox fence when required. 
ifHetrical 
Sale of Horses by Auction. 
A* B. is a veterinary surgeon, and undertakes the sale of horses 
for any persons who choose to employ him for that purpose. The 
sales take place periodically by auction ; the auctioneer being 
employed by A. B., and who makes a certain charge to his em¬ 
ployer for his trouble, &c. It occasionally happens that the 
purchasers refuse to complete their purchase; sometimes on the 
ground of unsoundness, contrary to the warranty of A. B.’s em¬ 
ployer himself at the time of sale; and sometimes from their 
wish to get rid of their bargain. A. B. wishes, therefore, to be 
advised,— ^ 
Firstj Whether, in the case of the sale of a horse so war¬ 
ranted by his employer to be sound, but which turns out not to 
be the case, the purchaser can maintain an action against A. B. 
or the auctioneer,; or whether his remedy is confined to A. B.’s 
.employer alone for a restitution of the purchase-money ?—And 
when the purchase-money be not paid, and the horse is returned 
