304 
MISCELLANEA. 
supposing that Mr. Hussey had not paid for the horse, and an action 
had been brought for the recovery of the purchase-money, he could 
then have given in evidence the breach of warranty. A writer of the 
highest authority says—“ Where the article of sale is warranted, it 
seems that the vendee is entitled to prove the inferiority and the breach 
of warranty, in diminution of damages, although a specific price has 
been agreed upon. This is not open to the objection that the defendant 
ought to have rescinded the contract in toto, for through the nature of the 
contract of warranty he has a right” (strong is the word) “to keep the 
goods and recover damages for the breach of warranty.” Such I say is the 
law in the case before you, and if I lay it down wrongly I am responsible. 
Then let us look at another important point—do you think that this 
horse was sound or unsound at the time of sale? I will here read to 
you an important observation of one of the judges in the case of Kiddell 
v. Burnard. He says—“The word sound implies the absence of disease, 
or the seeds of disease, which impairs the natural usefulness of the 
animal.” In considering your verdict, therefore, you must bear this 
point in rnind. If at the time of sale there were the seeds of disease in 
this mare —if the membranes were affected—if the cartilage was partly 
ossified, even though it could not be seen, it would be enough for the 
plaintiff’s case, and would be a breach of warranty on the part of the 
defendant. His Honour concluded by saying that the law was very 
simple. The question for the jury was one of fact and opinion. If the 
facts and opinions adduced on the part of the plaintiff were the 
strongest, he would be entitled to their verdict. Should the plaintiff’s 
testimony, however, in their opinion be outbalanced by the witnesses 
for the defence, it would be their duty to find a verdict for the 
defendant. 
After a few minutes’ deliberation, the jury returned a verdict for the 
plaintiff for the amount claimed. 
The hearing of the case occupied nearly eight hours .—The Wiltshire 
County Mirror. 
MISCELLANEA. 
HINTS ON ETIQUETTE. 
People who have risen in the world are too apt to sup¬ 
pose they render themselves of consequence in proportion to 
the pride they display, and their want of attention towards 
those with whom they come in contact. This is a terrible 
mistake, as every ill-bred act recoils with triple violence 
against its perpetrators, by leading the offended parties to 
analyse them, and to question their right of assuming a 
superiority to wdiich (in the absence of positive rank) they 
are but rarely entitled. 
