364 
■VETERINARY JURISPRUDENCE. 
to a gentleman at Torquay, who had deposited £5, but had an option 
of choice. I asked him if lie was open to buy, and he said. “ O, yes, I 
am always open to buy if I can get anything by it;” the next morning 
I received a letter from the gentleman, declining the mare, and I saw 
plaintiff at the Swan about her ; told him that the lowest price of the 
mare was £40 ; he said, “ If I have an inclination to buy her, will you 
draw upon me for a couple of months?” and I said, “ Oh, yes, for two 
months, or threehe then asked me the particulars about the mare, 
and I described her as well as I could ; he said, “ What makes you sell 
her?” and J said, “ She’s a Tartar at being shod, so much so that we 
we were obliged to throw her to be shod I further said, “If this vice 
or difficulty could be got over, she is an invaluable mare, as she is an 
excellent huntress;” he then said, “Will you buy my cob that you 
saw yesterday?” I said I could not say, as I had only taken a casual 
view of him, and I asked, “ What sort of an animal is he?” he said, 
“ He is an excellent walker, and a splendid trotter ;” I said, “ Can he 
gallop?” He said, “I really cannot say, for I have never seen him 
gallop, but I believe he can, as some gentlemen have borrowed him to 
use hunting, and they appeared pleased with him;” I said, “ 1 suppose 
he does not spurn; he does not kick the stones;” he said, “ Oh no, for 
we have driven him too much about the streets of Bristol, where there 
are plenty of stones;” he said, “ 1 suppose your mare is quiet to ride?” 
I said, “Oh, yes, I have found her perfectly quiet to ride; I have rid¬ 
den her a-hunting so many times, and have ridden her in a snaffie;” I 
also said, “You must please distinctly to understand, Mr. Butson, that 
I do not warrant her,” and added, “Although I do not warrant her I 
believe her to be perfectly sound;” I said, “I bought this mare from 
Mr. Adams, of West Yeo, Witheredge, the owner and breeder, to whom 
you are at liberty to write and inquire all the particulars respecting 
her;” I added, “ 1 bought her of Mr. Adams without a warranty, and 
as such 1 sell her; I should tell you, Mr. Butson, that when she is 
fresh the mare is shy and nervous, particularly with strangers;” he 
said, “ 1 suppose there is no vice ?” and I said, “ None that I am aware 
of, except that of being shod, and that, in reality, I have not seen ;” 
he said he should like to come and see her, and asked how he could 
manage; I said it would not be much for him to come down to Exeter 
by train, and 1 would meet him there : then a thought occurred to me, 
and I said, “ I’ll tell you what I will do. I will send the mare up to 
Bristol for you to examine if you please, and if you think proper, you 
can take her to your veterinary. If you should approve of the mare, 
you can send me down your cob at £20,” the price that I would give 
him, and I would send up the mare and draw on him for the £20 and 
the bill he owed me; I said, “ Mind, if you don’t approve of the mare, 
you must pay the carriage of her back again, and then there will be no 
harm done ;” he said, “Agreed, Mr. Badcock. Nothing can be fairer.” 
Nothing was said about his warranting the cob. Afterwards wrote to 
him, and he came up to Exeter, and went to the stable to see the mare; 
he went up the side of the stable, and I advised him not to do so, as 
she was so very shy, but he took no notice of the request, and handled 
her; she was afterwards taken out of the stable into the road, and put 
through all her paces. The plaintiff looked at her legs; believe that he 
took up her fore legs and put his hands on her hind legs ; the mare 
shied off, as was her habit; remarked to him that the mare was shy and 
nervous, particularly with strangers. He said, “Oh, that was nothing, 
his man (or men) would quickly take that out of her.” When the man 
was riding her to show her paces, the plaintiff observed that she was 
