324 VETERINARY JURISPRUDENCE. 
he remembered selling Richard Bee, the plaintiff, a horse, in 
1851 ; he sold the horse for Mr. Hayward, of Kemble; he 
warranted the horse to be sound, because he knew him to be 
sound; the price was twenty-five guineas. 
Cross-examined by Mr. Newmarch. —He had been in the 
habit for many years of buying large quantities of cattle and 
sheep; he knew the horse ever since he was foaled up to the 
time of the sale; he was always capital; he lay out all the 
year; he was a cart horse; he was an entire horse, but he was 
never used as a stallion ; he was used as an ordinary cart horse ; 
he had never known any cough upon him, nor ever known him 
exhibit any symptoms of disease; he believed him to be a 
perfectly sound horse ; he sold it on the 5th of June; he would 
not be certain as to the day ; plaintiff said he wanted it on the 
morrow, and he told him he should have it; when he came 
home he ordered a man to go the next morning and fetch the 
horse to his house ; plaintiff asked if he was sound, and he said 
he was, and knew him to be sound; plaintiff asked him to 
warrant the horse, and he would not swear that he did or did 
not; he told him he knew him to be sound; he did not volun¬ 
teer a warranty; when he sent for the horse from Kemble, a 
distance of nine miles, to his house, he had no cough upon him, 
nor had he any thing to indicate unsoundness. 
Re-examined by Mr. Bubb. —He was used as a cart horse, 
and not as a stallion ; he told the plaintiff he was sound. 
By His Honour. —He did not think he said he would warrant 
the horse sound ; he did not know whether Mr. Bee asked him 
to warrant the horse, he did not think he did. 
Richard Bee , of Dowdeswell, farmer, deposed that he recol¬ 
lected buying a horse on the 5th of June; he gave twenty-five 
guineas for him ; it was an entire horse ; Mr. Wheeler said it 
belonged to Mr. Hayward, and that the horse was sound ; there 
was no need of a written warranty, as there were lots of wit¬ 
nesses; he warranted the horse to be sound; witness had the horse 
on the 7th of June; he kept it at his house for one night, and 
then sent him down to Cheltenham, to Mr. Davis; he knew 
Mr. Davis would take care of it; he heard that the horse was 
dead on the 25th of June; he heard that the horse was ill several 
times before he died. 
Cross-examined by Mr. Newmarch .—The horse came to him 
fat, and looked very nicely indeed, sleek in the coat, and he did 
not know that he was lame ; he did not know that he coughed ; 
he sent him to Mr. Davis, who gave him plenty of good victuals 
and water; all Mr. Davis’s horses were fat; he supposed Mr. 
Davis used him as one of his own horses, and did what he 
liked with him, and used him as a stallion ; he knew Mr. Davis 
