VETERINARY JURISPRUDENCE. 
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buy I should not think of asking, are these sheep scabbed ? I have had 
scabbed sheep, but neither bought nor bred them. I was left in trust by 
a neighbour, and his sheep were scabbed. 
This being the case for the plaintiff, Mr. Toynhee submitted that on 
the third point raised by Mr. Allison, the custom of an implied warranty, 
there was no case to go to the jury. 
His Honour thought there was some evidence of that, and he would 
leave the question to the jury. 
Mr. Toynbee then addressed the jury for the defence, contending that 
there was not the slightest proof that his client knew the sheep to be 
infected, that reasonable caution had not been exercised by the plaintiff 
in purchasing the sheep, and that no custom, such as that relied upon by 
the plaintiff, had been established. Mr. Mason had indeed told them that 
a sound price implied a sound animal, but for that maxim there was not 
the slightest foundation in law. The principle of law was caveat emptor 
—let the buyer beware. It would be uncandid, after the evidence of 
Mr. Gresswell and Professor Simonds, to deny that the sheep were 
diseased, but he did assert that his client did not know it, and as to the 
custom of which so much had been said, he would prove by numerous 
and respectable witnesses that no such custom existed, and having done 
this he would confidently leave the case in their hands. He then called 
Mr. George Houlden^ who said, before Partiiey fair I sold Mr. Smith 
some sheep: they were free from scab. I was at the fair and saw 
Mr. King in the pens. I went to him and found there the sheep Smith 
had bought of me. Mr. King was anxious to know what he had given 
me for them. 
Mr. Bland., veterinary surgeon, of Boston.—I have been to Digby, to 
Mr. Cooke’s farm, to examine his flock. They are all free from scab. 
It is since the last Spilsby court that I have been. 
Mr. William Armstrong. —I bought some sheep of Mr. Cooke, and 
sold them again to the defendant on the 10th or 11th of September. 
There was no scab among them. 
Mr. John Bramley. —In September last I sold 200 sheep to Mr. Smith, 
My sheep never had the scab. 
Mr. Thomas B. Di'ing. —I was with Mr. King just before and after he 
bought these sheep. I saw nothing in their appearance to lead me to 
believe there was anything wrong. I have bought and sold sheep at 
Partney fair for forty years. Never before heard of the custom spoken 
of to-day. My own feeling is, “take care, buyer; take care, seller.” 
By Mr. Allison.—It is not usual to ask whether the sheep are sound 
or not. 
Mr. Thomas Plowright. —I live at Pinchbeck. Last year I clipped 
2700 fleeces. I have been to Lincoln, Caistor, Boston, and the other 
sheep marts in this county, and I never before to-day heard of the 
custom which has been spoken of, I have grazed thousands of sheep in 
my time. I have bought sheep affected with scab, not knowing it to be 
the case, but I have never thought of returning them or of relying upon 
an implied warranty. A year ago I bought 100 sheep infected with scab. 
It is a disease which is easily cured if taken in time. It is quite possible 
for sheep to have the scab and for it not to be known. I consider it 
quite probable Mr. Smith or any other gentleman might have sheep so 
diseased and not know it. 
Mr. Winder. —I have been a dealer in sheep and cattle for forty-six 
years, and only once, to the best of my recollection, missed Partney fairs 
but never in my life before heard of the custom spoken of to-day. I 
have bought scabbed sheep and sold them also. 
