VETERINARY JURISPRUDENCE. 
317 
He (Mr. Bencraft) had never heard anything so puerile as the reason 
assigned by the defendant for sending back the mare—“ that the enlarge¬ 
ment on her leg was considerably larger than he expected”-—^that Mr. 
Parsons, the “ vet.” said the swelling would never be reduced. Mr. 
Gregory had given it as his opinion that the swelling would diminish 
when the mare had rest. On receiving defendant’s second note, plain¬ 
tiff sent him the following rejoinder: 
“ Thursday evening. 
“ Dear Sir, —I was much surprised to find my servant had brought 
back the mare this afternoon. As there can be no doubt whatever that 
the deal was a perfectly clear and decisive one, I send her to you with 
directions to my man, if you object to receive her, to place her at the 
inn, at Bradworthy, at your expense. I regret being obliged to take 
this step, but you have left me no alternative. 
“ I remain, yours truly, 
“ Alfred E,. Hole. 
“ p.s.—I may add that I have again seen Mr. Gregory, who assures me 
that the accident is never likely to cause lameness.” 
The mare was sent, as stated, and on the following day the defendant 
wrote the plaintiff as follows : 
“Bradworthy; 6th March, 1862. 
“Dear Sir, —During the absence of myself and servant, to-day, I 
find that your mare has been left in my stables by your direction. In 
reply to your letter, I beg to observe that there can be no bargain 
urdess the mare is sound and ‘nothing worse for the accident.’ You will 
remember that you warranted the mare sound, and dissuaded me from 
my intention to have Mr. Parsons’ opinion, at the same time referring 
me to Mr. Gregory, who endorsed your statements. As I find Mr. 
Parsons diametrically opposed to the opinion of yourself and JNIr. Gre- 
gory, you will not be surprised that I adhere to his judgment, and find 
it necessary to give my servant directions, in the event of your refusing 
to receive the mare, to leave her at the “Commercial Inn” stables, Bide¬ 
ford, at your expense. I cannot help saying that I regret this unplea¬ 
sant affair; and I am ready, should you feel disposed, to submit the 
matter to a third opinion; and should that be favorable to Mr. Gregory, 
I will, without hesitation, take the mare; and should it agree with Mr. 
Parsons, I shall expect you to retain her. 
“ Believe me, dear Sir, yours truly, 
“ T. Beedle.” 
The landlord of the “ Commercial Inn ” declined to receive the mare into 
his stables, and the defendant then wrote the plaintiff the following 
note: 
“Bradworthy; 6th March, 1863. 
“My dear Sir, —As I find that the proprietor of the “Commercial 
Inn,” Bideford (for some reason which I cannot as yet understand), 
refused to take your mare, I beg to inform you that she is at the “ New 
Inn,” at your expense. 
“ I am, dear Sir, truly yours, 
“ A. Hole, Esq.” “ T. Beedle. 
This ended the correspondence, and his client was compelled to bring 
the present action. Throughout the whole of the transaction the plaintiff 
had been actuated by honest and honorable motives, and he had nothing 
to disguise or explain away. The defendant had engaged the services of 
a most able advocate—his learned friend, Mr. Crosse—that by his 
