960 
Veterinary Jurisprudence. 
TAMWOETH COUNTY COUET.— November 15th. 
Before W. H. Cole, Esq., Judge. 
HORSE WARRANTY CASE.- iC SPAVINS OR NO SPAVINS.” 
BULLING V. ERITCHE AND PRINCEP. 
The plaintiff, Thomas William Balling, gentleman, of Toft 
Hill, Dunchurch, near Eugby, sought to recover from the de¬ 
fendants, the Eev. George Cheslyn Fritche, Eector of Newton 
Eegis, and John Princep, of Appleby, gentleman, the sum of 
£13 9<?., for loss sustained in the alleged wrong warranty of a 
pony. 
Mr. E. H. Palmer, of the Norfolk Circuit (instructed by Mr. 
Dainty, of Eugby), appeared for the plaintiff, and Air. E. W. 
Nevill, for defendants. 
This was a special jury case. 
Mr. Paimer, in his opening remarks, commented on a volumin¬ 
ous correspondence between the parties concerned, relating to the 
transaction in dispute, and then examined the plaintiff, Mr. 
Thomas Stanley, veterinary surgeon, of Leamington, Air. W. 
Bindley, auctioneer, and Mr. F. Warwick. From the evidence 
adduced it appeared that Air. Bulling wanting to buy a pony in 
May last, mentioned the matter to Mr. Princep, who referred him 
to the Eev. G. C. Fritche, who had a chestnut pony, thirteen hands 
high and five years old, which he wanted to part with on account 
of its being too small for his requirements. He came over to 
Tamworth and examined the pony ; negotiations were entered into, 
and a bargain was eventually struck at £35. On the 5 th June 
the pony was forwarded to plaintiff by rail, via Eugby, and 
placed in his stables. It had a slight cough, and a discharge 
from the nostrils, and next morning Mr. Stanley examined the 
animal, and pronounced it to be suffering from bone spavins in the 
hocks, the off one being the worst. He therefore advised plaintiff 
to procure a warranty, and Mr. Fritche was written to. In reply 
he sent a warranty signed by himself and Mr. Princep, “ that 
the pony was warranted sound and quiet in harness.” A cheque 
for the £35 was then sent, but plaintiff alleged the pony did not 
improve after a month's work, and on the 1st July Mr. Stanley 
found it lame and suffering from bone spavin of long standing. 
