370 
VETERINARY JURISPRUDENCE. 
The learned Judge , in summing up, remarked on the seeming conflict 
in the quoted opinions of two eminent judges as to what constitutes 
unsoundness; and in the difficulty of deciding between such opinions, he 
advised the jury that it would be safe to rely on the general principle of 
law, that soundness in horses must be taken to imply the absence of such 
disease or seeds of disease as would impair the usefulness of an animal. 
Keeping that general principle in mind, he thought, would afford means 
of reconciling the apparent conflict in opinion between the two eminent 
judges cited. Because it might be that a horse might be afflicted by a 
complaint which might be only temporary, but which still would render 
it useless to the purchaser at the time of purchase; and it. might be 
fairly said that if a horse were thus useless for months it might be con¬ 
sidered as unsound. But, on the other hand, if a horse, sound in other 
respects, had received a kick, bite, or blow, the results of which were 
apparent, and which might be cured in a few days, or a week or two, the 
animal might be deemed sound. And the decision of this point, as 
affecting the present case, must be left to the practical common sense of 
the jury. The learned Judge carefully went through the evidence; 
after which 
The Jury immediately returned a verdict for the defendant. 
CHARD COUNTY COURT. 
Town Hall, Wednesday, March 23rd, 1864. 
Before His Honour C. Saunders, Esq., Judge, and a Jury. 
SCAB IN SHEEP.-IMPORTANT CASE. 
grabham v. o’borne. 
Damages £50 for breach of warranty of twenty lambs bought by the 
plaintiff of the defendant, on the 17th of June last. 
Both the plaintiff* and the defendant are highly respectable farmers, 
residing in the neighbourhood of Ilminster, and the case excited great 
interest among the sheep-grazing farmers. The Court was crowded all 
the day, the case lasting from 11.30 until 1.20 on the following morning, 
at which late hour the Court was as full as it well could be. 
Mr. Pauli, of Ilminster, appeared for the plaintiff*; Mr. Langworthy 
for the defendant. 
Without commenting further, we lay before our readers the whole of 
the evidence in this important case. 
Mr. Pauli , after his opening speech to the jury, called 
The plaintiff, George Grabham , who said: 1 live at Ashford Farm. On 
the 17th of June last I attended Taunton fair, and bought of defendant’s 
bailiff twenty lambs at 2 5s. a head. There were two pens, twenty in 
each; I bought the best lot, warranted sound. Defendant came up 
afterwards, and I told him I had bought a score of the lambs, and that 
they were not fat enough to kill. I bought them for store. We parted, 
and soon after met again. I asked defendant whom I should pay, and he 
said I could pay him, but must be quick, as he was off to Bristol. We 
went into Clark’s Hotel, and I there drew a cheque for £25, payable to 
his order. I said, “ These lambs are sound, Mr. O’Borne ?” He replied, 
“ Oh, yes, they are all right.” I said, “ Then of course you won’t object 
to sign the cheque; I never buy without a warrant.” I had written the 
