322 
VETERINAllY JURISPRUDENCE. 
did not wish to do so till I had got rid of one of my own. I rode part of 
the way home with Mr. Hole, and rode her a little way. I never examined 
the swelling; I relied entirely on Mr. Hole’s representation, as I never 
intended to buy her till the moment. On the 27th February plaintiff 
said, “Do you think anything more of that mare of mine ? I will take 
less for her, as I am going away.” I said, “ I’ll give you £40 for her, 
with a ‘ vet.’s’ certificate of soundness.” He said, “ Then that’s a bargain.” 
He further said, “ I think it right to say that she is addicted to cribbing.” 
He stuttered and stammered. (Witness shrugged his shoulders, and 
endeavoured to give the Court an idea of plaintiff’s manner on the occa¬ 
sion.) He said she cribbed very little, and he used a strap, which cor¬ 
rected the habit. I said, “ Mr. Parsons is my ‘ vet.,’ and he’ll examine 
her.” He said, “ It will be a guinea thrown away.” I said it would 
only be half a guinea. I then asked him to ride her into Bideford for !Mr. 
Parsons to examine her ; I thought it would be a much more satisfactory 
way. Mr, Hole tried to dissuade me from having my “ vet.’s” opinion, 
in consequence of which I spoke to Mr. Gregory. I did not consult him 
as my “ vet.” Mr. Gregory said the mare was decidedly not the worse 
for the cut. I did not see the mare at all on the day I bought her. I 
saw her at a distance. When she was delivered at Bideford I was 
astonished at the size of the enlargement. I then went for Mr. Parsons. 
I had entirely relied on Mr. Hole’s representations. I afterwards wrote 
a note, and sent her back to the plaintiff. She was subsequently sent to 
my stables, and I directed my servant to take her to !Mr. Parsons, and 
tell him to hold her on. 
Cross-examined by Mr. Bencraft.—I intended the shrugging of my 
shoulders, &c., to represent Mr. Hole’s manner and “ stuttering and 
stammering.” I believe Mr. Hole was candid and straightforward. I did 
not wish to convey a contrary impression by my acting. I waived having 
the “ vet.’s ” certificate after hearing whas Mr. Hole and Mr. Gregory 
said of the mare. When I wrote the letter requiring the mare to be de¬ 
livered to me, I had quite given up the idea of having my “ vet.’s” cer¬ 
tificate as part of the bargain. 
William Mallett, servant to the defendant, proved that the mare was 
taken to his master’s stables, at Bradworthy, on the 7th of March. 
Witness took the mare with a note to Mr. Parsons, and then took the 
mare to Mr. Hole’s. She kept knuckling and tripping on the way. IMr. 
Beedle never had any conversation with me on the subject. I do not 
think her a safe animal; she constantly knuckled. 
Mr. Francis Parsons sworn.—I practise the veterinary art at Bideford. 
I am not a member of the College. I have been in practice for thirty- 
five years. I examined the mare in question; she had an enlargement 
and a swelling of the fetlock, arising from a wound received ; she knuckled 
several times. I pronounced her not sound or fit for work, and said she 
would not be fit for some time. I have seen her ten times since; the last 
occasion was on Saturday. I am still of the same opinion; I consider 
her unsound. I should not think the enlargement could be reduced by 
iodine. I think it would have the contrary effect. I consider that the 
action of the extensor ligament is impeded. 
Cross-examined.—I have been in practice thirty-five years. I\Ir. 
Gregory has since settled down at Bideford in the same profession. I 
knew his opinion of the case. I believe there is a slight thickening of the 
sheath of the tendon. I should have been able to tell exactly the nature 
of the injury if I had seen her at the time of the accident. 1 can tell the 
effect. There is a stiffness in her going. I don’t think a horse that had 
sustained such injury could stand three days’ hard hunting and not 
