318 
VETERINARY JURISPRUDENCE. 
ingenuity he might justify tlie course lie had taken in repudiating this 
bargain; he certainly had made a very wise selection, it should be 
borne in mind that the plaintilf never said that the mare would never be 
lame. lie pointed out the injury to defendant, and gave him Mr. Gre¬ 
gory’s opinion defendant went to Mr. Gregory, and was satisfied to take 
the mare at the risk, Mr. Parsons had not seen the mare till that day, 
and knew nothing of the injury ; but defendant had passed his hand over 
the part and had also ridden the mare. lie ridiculed the reasons assigned 
by the defendant for sending her back. He (Mr. Pencraft) was prepared 
to prove that at that moment the mare was perfectly sound. As to the 
offer of arbitration, he had only to remark that the mare was not sold on 
such conditions; the bargain was clear, and the terms beyond dispute. 
Besides, the old saying Avas, “ Give a dog a bad name, and hang it;” so 
might it be said of a horse when it had been blown upon and left on Mr. 
Hole’s hands for alleged unsoundness. Mr. Hole was about to leave 
England for the summer, as he was accustomed to do; and he objected 
to have a horse left on his hands Avith a bad character. The learned 
gentleman then called in evidence the ])laintiff, 
Mr. Alfred Hole., avIio deposed—I bred the mare “Crinoline,” Avhich is 
the subject of this action, out of a good mare, by “ KingsdoAvn.” She 
Avas five years old in June last. In December, 1862, the mare met Avith 
an accident caused by my man leading her over a fence. I immediately 
sent for Mr. Gregory, the veterinary surgeon, of Bideford. In the 
months of January and February, at his advice, she Avas taken out to 
exercise. She never shoAved any lameness. On the 10th February I 
rode her to hunt Avith Lord Portsmoutii’s hounds. The meet was at 
AVooley Pound, and I rode her a long run, and she proved perfectly 
sound. I saw Mr. Beedle in the course of the day, and in the course of 
conversation said I should sell her, as she Avas not up to my Aveight. I 
asked £50 for her. AA'^e talked of the blemish, and I explained the 
cause of it. On the 13th February I was out Avith Mr. Kolle’s 
hounds, and again rode the mare On the 16th February she was 
ridden by Veale, the colt-breaker. Mr. Beedle spoke to me about her, 
and said he should like to buy her if he could get rid of one of his 
OAvn horses. He also remarked that my price Avas too high. He 
trotted her for tAvo miles very fast. AVe frequently conversed as to the 
blemish. After he had riilden her he appeared pleased, and I offered to 
take off £3 from the price named, in consideration of the blemish. Sub¬ 
sequently I again met Mr. Beedle, Avhen he offered me £40 for her. I 
then told him that she had lately taken up crib-biting—that I used a 
strap over the neck to correct it. He said he did not care much fiir 
that—that one of his OAvn horses did so. As to the enlargement, I told 
him that Mr. Gregory had said that during the summer the enlargement 
might be reduced by an application of iodine. He then asked if I Avould 
allow him to have the opinion of Mr. Parsons. I said I had no 
objection, but he Avould throw aAvay his money, as Air. Gregory kneAv all 
about her, and no one could give him an honester opinion. I afterwards 
saw defendant Avitli Air. Gregory. Air. Beedle then rode up to me ami 
said, “ I am perfectly satisfied, and Ave’ll close the deal.” He then asked 
if I Avould keep the mare for a feAv days, and I agreed to do so at once. 
This Avas on Friday, the 27th February. On the folloAving AA'ednesday 
Air. Beedle sent for the mare, and I sent her into Bideford, as requested. 
The mare had never been a crib-biter till the accident. I Avarranted her 
perfectly sound, except in those two particulars. 
Cross-examined by Air. Crosse.—I don’t knoAv Avhether defendant or 
myself first begun the conversation about the mare. He rode Avith me 
