500 
VETERINARY JURISPRUDENCE, 
that Mr. Archer took him away at the time he bought him. The horse 
was sound and quiet all the time I had him. 
Richard Perry .—I heard the conversation between plaintiff' and 
defendant when the horse was sold. Mr. Archer asked Mr. Ringer if 
he would sell him sound. Defendant said he would warrant nothing; 
but that if he liked to take him away then, he would receive him back 
again if at the end of a week he did not please. That’s the chief of 
what I have got to say. 
J\Ir. Drake. —That’s what you’ve come to say, I see. 
Alfred Clarke .— I live at Wood Dalling. I bought the horse at 
Messrs. Spelman’s sale, but knew him before. I have had him since 
Tombland fair. I can and do ride him. He is quiet. 
Cross-examined.—He was always quiet, and never to my knowledge 
showed any symptoms of restiveness. Defendant occupies a farm 
belonging to my father, to whom Mr. Ringer is cousin. I went to the 
sale to buy him if 1 could. He was a little shy about the head when I 
had him first. 
Edward Coe .—I am in the service of the last witness, whom I have 
seen ride the horse, and I have worked him myself. He goes as well as 
any horse need go. He is very quiet. 
Cross-examined.—He had a double-reined bridle when I worked 
him. 
His Honour observed that, after balancing the testimony which had 
been adduced on both sides, he was satisfied of two things—first, that 
no warranty had been given with the horse; and secondly, even if there 
had, that no breach of it had been proved. So far from that, indeed, 
there was very strong reason for believing that the horse had been, and 
now was, a quiet and sound animal. It was the most improbable 
conception imaginable that young Clarke, who had previously known 
the horse, would have gone to the sale purposely to buy him if he had 
been aware that he was unsound and restive ; while, speaking for him¬ 
self, he would say that if he (his Honour) wanted a horse, and knew of 
a good one to be sold with a bad character, he should certainly try and 
get him if he could. If however he were to keep the best and quietest 
horse that had ever been foaled in a stable seven or eight weeks without 
once being ridden, and let the dentist operate upon him during that 
time—and there were few horses that were not taken to the dentist’s 
once at least in the course of theif lives [a laugh]—there would be little 
to wonder at if he showed a degree of “ spirit” on being first taken out. 
He repeated that he believed the horse in question to be a quiet horse, 
if properly managed ; but even if he were otherwise, there had not been 
the slightest evidence to show that the defendant knew to the contrary. 
His judgment would therefore be for the defendant, with costs. 
