236 
VETERINARY JURISPRUDENCE. 
undertake to make him sound for a guinea; does not think he will 
ever be well unless an operation is performed; does not say that 
the operation would certainly cure him; in all probability it would 
succeed; a horse has forty teeth, and a mare only thirty-six ; 
would not consider him unsound for having one tooth less, pro¬ 
vided the animal suffered no inconvenience from it in feeding; 
would think the horse not worth a sovereign as he was, although, 
in all probability, he might be cured for a guinea. 
To the Court. —The horse must have subsisted on fluids, and 
put in condition for the fair by gruel, or boiled flax seed, or such 
like food ; the gums had become reflected over the broken tooth ; 
and the pressure of the opposite tooth on them, during mastication, 
must have been very painful to the animal, and was quite suffi¬ 
cient to prevent him from feeding. 
For the defence, Hugh Gray examined: was present at the 
sale of this horse; he was engaged sound ; was examined by 
Mr. Smith in the fair, and condemned; M'Quaid then offered to 
take him as he stood, by throwing off 10s.; the seller refused to 
allow so much; he effected a bargain between them by throwing 
off 7s. 6d.; knows the horse would draw; he worked in company 
with his horse, and did all the spring labour with him; thinks the 
horse very cheap at the money. 
Alexander Farley examined. —Was present at the bargain, and 
at the second transaction after the horse was examined and con¬ 
demned; 10s. 6d. was put down on the table by the seller, when 
M'Quaid agreed to take him as he was for that sum; he (witness) 
lifted 2s. 6d., and handed it back to the seller, who took the horse 
as he was without any engagement. 
To the Court. —Did not hear any thing said about giving up the 
engagement. 
John Farley examined. —Remembers the horse being con¬ 
demned in the fair; the buyer was to take him as he stood by a 
reduction of 7s. 6d.; it was so stated in the house that M'Quaid 
was to take him as he stood. 
Robert Gray and William M l Mullan gave like evidence. 
The Chief Baron viewed the case as a very simple one; there 
was evidently a warranty of soundness, and to draw a proper load, 
in the first instance, understood and expressed by both parties. It 
would be utterly absurd to suppose that to throw off 7s. 6d. on 
account of a jack would cancel the warranty of soundness and 
engagement to draw a fair load. There was evidently gross mis¬ 
conduct on the part of the defendant in concealing the most 
grievous defect of the animal he sold under the cloak of a disease 
of minor importance. He must reverse the decision of the court 
below, and decree for the full amount, £8..0s..6d. 
Armagh Sporting Chronicle. 
[We return our thanks to Mr. Small.—E d. Vet.] 
