Frtmnary Suri^ptutreurr* 
COURT OF QUEEN’S BENCH, Feb. 3. 
ELMORE V. WILDASH. 
Mr. PlAtt and Mr. Bayley conducted the case for plaintiff, 
and Mr. Thesiger and Mr. Higgins that of defendant. 
Mr. Platt said this was an action to recover the value of a 
horse which the defendant had sold to the plaintiff, as the latter 
said, warranting him to be sound. The plaintiff had seen the 
horse atOundle fair, and his man got on it to try it, when it picked 
up a nail. He immediately dismounted, and the nail was taken 
out of the foot. The horse was then taken home, and his foot 
dressed. Two days afterwards the servant of the plaintiff called 
upon the defendant’s agent, and asked him if the horse was lame, 
or if he could say he was sound. The defendant’s agent said he 
was quite sound, notwithstanding the accident. The plaintift’’s 
man then agreed to purchase the horse for £60. He was taken 
in the string of horses to Biggleswade, where he fell lame; he was 
left there two days, till another servant of the plaintiff’s came up, 
and he then led him twenty miles that day, and fourteen the next. 
The first day he travelled very well, and the second he faltered, 
and was left at Barnet, where he died from the effects of the nail. 
Under these circumstances the plaintiff brought his action to 
recover the £60 paid for the horse, together with the expenses to 
which he had been put. The following witnesses were called. 
John Haines.—In February 1834,1 was at Oundle fair, and saw Wright there ; he 
had a dun horse, which he offered me for sale ; he said it was the defendant’s: he asked 
for him. I tried him, and in trying him he picked up a nail in the near hind 
foot, and he then took the horse home. I saw Wright about three days afterwards, 
and he said he was perfectly right and sound. I then bought him as a sound horse 
for ,£’60. I sent him away the same day in a string of horses. Wright gave di¬ 
rections to the man to take care of his foot, and soak it in warm water. I saw the 
horse two days afterwards ; his leg was then much swollen. I bad him walked out, 
and he walked very well. He was sent away with the string of horses, and was left 
at Biggleswade, where I found him, and I then led him about twenty miles: he tra¬ 
velled pretty fair. I stopped at Welling that night. I put a poultice on his foot; 
the next day 1 led him fourteen miles to Barnet; he then got very uneasy, and I 
left him at Barnet. I never afterwards saw the horse alive. 
Cross-examined.— 1 was on the horse when he picked up the nail, which was im¬ 
mediately taken out. Mr. Elmore was present. The nail had penetrated more than 
half an inch. I took it out with my fingers. When a horse gets pricked in the foot 
it is not necessary to rest him, that 1 know of; the best way is to take care of him. 
I have no doubt that the prick in his foot would have occasioned his death if he had 
not travelled. 
Then how came you to buy him ? 
Witness.— I had a warranty with him. 
But would you buy a horse that you knew would die because you had a warranty 
with him ? 
