374 
VETERINARY JURISPRUDENCE. 
Mr. Langworthy , in addressing the jury for the defence, contended, 
first, that there was no warranty ; secondly, that there was no disease at 
the time of sale. 
Benjamin Norton , farmer and dealer, said: I bought twenty-seven lambs 
of defendant on the 27th of May last. I had no warranty. I saw 
another pen of twenty or thirty more. I sold them to a butcher a day 
or two afterwards. Never heard they had anything the matter with 
them. I did not notice any disease. 
Cross-examined : I would not swear that they had been dressed for scab. 
Simeon Hill, the defendant’s bailiff, said : Last Taunton fair I took forty 
lambs there for sale. Before I got them out of the waggon the plaintiff 
came up. He bid me money for them before I had them penned. They 
were afterwards put into two separate pens. I gave him a price for the 
lambs—27 s. a head. He offered 24s., and I sold them to him for 2 5s. I 
gave him no warranty, and he did not ask me for one. We both went 
into the fair. The plaintiff bid me money for the other twenty, but I 
refused his bid. We went into the inn and had a glass of beer each. 
When we came out my master was standing against the pen. The 
plaintiff came and asked me if there was any doubt about the lambs. I 
told him I did not know. He then said if there was he would keep them 
by themselves, and I said that would be the best plan. Mr. O’Borne 
said nothing. After that, plaintiff came back and looked at the lambs, 
and went into the pen, and he then said he would take them back with 
him in the same waggon they came in. I heard my master say he might 
go in and look at the lambs, and take or leave them as he liked. I was 
not present when the lambs were paid for. Nothing was said about a 
cheque in my presence, and master and plaintiff went away. In about a 
quarter of an hour plaintiff came back and told me to take the lambs up 
and carry them back. The other twenty were sold to Mr. Perring. I 
have heard nothing of them since. I went to live with my master- in 
June. The ewes and lambs were there then, and I never saw a spot or 
blemish about them. I told Mr. Grabham so at the fair. He offered to 
pay me for them, and I said, “ Mr. O’Borne is here, and you can pay him.” 
It was some time after the sheep were sold that there was a talk about 
the scab, and after the offer to pay me. 
Cross-examined by Mr. Pauli: I saw Mr. Mear at the fair, but had no 
talk with him. Never said to him that I only warranted their livers 
sound. He did not say to me that it was a shame to take in a neighbour 
so. I was at the auction at Taunton where the sheep were sold. They 
were bought by Mr. Brown and my master. 
This witness gave evidence in a very confused manner, and his state¬ 
ments and contradictions caused much laughter. He seemed to be the 
worse for liquor, and no one could understand anything he said. 
Harry Charles O’Borne , the defendant, sworn, said: On the 17th June 
I sent forty lambs to Taunton fair. I found Hill there with them when 
I got there, and in about ten minutes I saw the plaintiff. I asked my 
bailiff' if he had sold the lambs, and he said, “ Yes, sir.” He told me he 
had sold the twenty fat lambs to the plaintiff, whereupon Mr. Grabham 
smiled and said, “ 1 have bought them much too dear.” He then walked 
away, and in about ten minutes came back and asked if I had sold those 
in the other pen. I said, “ No.” He offered me a guinea a head, and I 
told him Mr. Bradley had offered 22 s. for them. He replied, “You had 
better let Bradley have the lambs; he has offered you a good price.” 
Mr. Perring then bought them for 22s. Qd. I afterwards saw the plaintiff 
and my bailiff. They seemed to be in serious consideration. Mr. Grab¬ 
ham said, “Oh, dear, this is a bad job. I hear you have the scab up 
