VETERINARY JURISPRUDENCE. 371 
words “ warranted sound ” on the back. The defendant said that when 
he commenced business he made it a rule never to warrant anything. I 
said, “ Then I shan’t have the lambs, that’s certain.” I closed up the 
cheque-book. “Well,” he said, “you have bought the lambs;” and I 
replied, “ I know I have; but I bought them with a warranty, and I’ll 
have them with a warranty.” He said, “ They are sound enough ; and 
as they are lambs I don’t mind warranting them.” “ Yery well, that’s 
enough,” I said. I paid the defendant the cheque. After I had written 
it I wrote on the back “ twenty lambs, warranted sound,” and put it 
towards him, and it remained a minute on the table. I told him if he 
would not take the cheque with those words upon it I would not have 
the lambs. The defendant took the cheque and folded it, and put it in 
his pocket, and went away. He did not indorse the cheque or obliterate 
the writing on the back in my presence. He did not take a pen in his 
hand at all. I went out to find some person to drive them home, and in 
consequence of something I heard I went in quest of Mr. O’Borne. I 
found him talking to Mr. Webber, and I put my hand on his shoulder 
and said, “ I have heard you have had the scab, Mr. O’Borne, among 
your flock.” He replied, “ Oh, my dear fellow, I assure you it’s nothing 
of the sort.” “Well,” I said, “ if you have, I would not have the lambs 
home for £50.” He said, “ Oh, I don’t know it’s the scab : but they tell 
me it is. Mear has dressed a few of them, and I think it has caught one 
sheep a second time.” He then added, in Mr. Webber’s presence, “I 
warrant them sound and all right, and I’ll make them sound and clean.” 
He said, “ Come and ask my manand I went towards the pen to him. 
Before I had time to speak he said, “ Oh, Hill, Mr. Grabham has heard 
we have had the scab.” Hill replied, “I don’t know we have had the 
scab there.” I said, “ I don’t know what to do about it, Mr. O’Borne; 
this is a very serious case.” He said, “ I have never had the scab in my 
life that I know of, and I tell you again they are all right, and I’ll 
warrant them sound and clean.” I then took the lambs home, and I 
kept them separately for some time; but afterwards they got mixed up 
with the rest of the flock. There were then ninety-eight altogether. 
During the fall I gave them corn up to November. In consequence of 
what my boy said to me in the latter part of November, I examined the 
lambs, and found something the matter. I did not know what it was. I 
had never seen the scab before, but I concluded it was that because it 
was one of Mr. O’Borne’s lambs that was very bad. I at once sent for a 
veterinary surgeon, who sent me some dressing. In a few days, more 
became affected, and I then went to defendant and told him about it, and 
asked him what he was going to do. He said if I had let him know 
before, he would have taken them back and paid me for the keep. At 
last he agreed to come and see them. I said, “ I must place the matter in 
the hands of my solicitor.” The defendant did not come, and the next 
week, at the London Inn, Taunton, he said he had not had time. I saw 
him again in December, at Ilminster; he then said he should have 
nothing to do with it. I then consulted Mr. Pauli. I caused the twenty 
lambs to be sold—they realised £30. They were so diseased they could 
not walk. I consider 25s. each was a sound price for them. 
The witness then went into an explanation of the particulars of his 
claim, and declared that no unnecessary charge had been made, and that 
if he established his claim he would be a very great loser. 
Mr. Langworthy cross-examined the witness at great length, but his 
testimony was not shaken. 
Charles Plowman called: I am cashier at Stuckey’s Bank, at Ilminster. 
Plaintiff keeps an account there. I produce this cheque. The words 
