VETERINARY JURISPRUDENCE. 235 
him, if otherwise sound, at a reduced price, and, by the award of 
a third party, 7s. 6d. was the reduction agreed on. 
Cross-examined by Mr. Atkinson. —Saw the horse afterwards; 
is no relation to any of the party ; saw him tried to draw ; could 
not draw an empty cart without blowing from weakness; he could 
not eat any thing but flummery [ laughter ] ; let all the hay drop 
out of his mouth after chewing it; does not know how he lived 
except on flummery and meal seeds [laughter] ; he was to be all 
sound; no objection except for the spavin, and was engaged to 
draw a fair load. 
To the Court. —The agreement to take the horse with a reduc¬ 
tion of 7s. 6d. was on account of the spavin alone ; does not know 
what the horse was worth; has not seen him since the auction ; the 
defect was discovered on the day after he was bought; the horse 
was sold by auction at Mr. Small’s Bazaar, Armagh; the Farleys 
were present at the sale. 
Robert M‘Clean examined. —Was in the room in Moy fair 
when the reduction of 7s. 6d. was agreed to be made out of 
£12..10s., the price of this horse, on account of a jack on the off 
hind leg; did not hear any thing said about drawing; was by 
accident at the house and heard the conversation ; was not there 
on this particular business; came in after the horse had been exa¬ 
mined by Smith. 
Cross-examined. —It was on account of the spavin only that the 
reduction was made, and, as far as he could understand, the first 
bargain was to stand good; was not examined at the sessions. 
William Singleton examined .—Was present at the bargain for 
this horse at the Moy; it was engaged all right, and to draw a 
fair load. 
Cross-examined. —Did not hear M'Quaid say he would take the 
horse as he was, by getting a reduction in his price. 
Mr. Small examined. —Is a veterinary surgeon, a licentiate of 
the Royal Veterinary College, London ; examined this colt on the 
5th September last; was spavined on both hind legs, and had a 
broken molar tooth, which caused him to quid; it was the last 
molar in the under jaw of the left side; it is a serious unsound¬ 
ness ; could only be remedied by extraction of the stump; the 
operation would be troublesome and dangerous; had the horse 
in his hospital stable, and had him cast for a proper examina¬ 
tion ; the disease of the mouth must have existed some weeks at 
least, there being caries or ulceration, indicated by the foetid smell 
from the mouth. 
Cross-examined. —Has no doubt but the disease could be cured 
by extracting the tooth; would undertake to extract it for a 
guinea; the operation would be a dangerous one; has seen the jaw 
fractured in extracting a tooth ; the horse could not masticate 
sufficient food to maintain him in condition for work ; would not 
