The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1884-09-23 00:00:00

BOLSI CARL

Thorny Crutchnr v, Imgknvm £lO
Mr. Metcalf... of Bristol, appeared for plaintiff. and
Ste It N. Hower If r dam Lot. —lt was an action
for a breach of warranty ef a horse, an I wee adjouneil
from tut c 'wt.—lt will be tegollectel plaintiff bought
the horse f £OO, the lefindant at brat aaking I.NO.
While writing • cheque for the nion-y defendant 'oil
the herse wee aU right. After • one time p ainiiff
noticed the hors* wee lame, an I when he warn ehowieg
it I. an intending purahaur it went dead lame A
veterinary surge in ha I given • certiticale t the elf set
that the h irse wee cuff -ring fr on oui6nati in id the
corona in Use fore Is. soil from rparin in the hint
leg.— Vt. the firid hewing • numbar of witnermso were
called, and his fl Inoue sdjourned the case for further
ovidence.—The hist witness now calle I wee George
Pruitt's, (mutual to Sir. Crutchet, who said he knew
tu borne in question. Ho remembered when the
plaintiff bought it, ant saw it shortly alter it woe
brought to the yard. It was under hie charge from
that time until it wee odd. It bad no bury work.
If, 6.. 'tie I u laina n the second time
itriving. When •howing the horse ci
a CU .t,,wer it w oil lead lame. —...-
examined by Mr. Howard : He c irnmunic
the fact that the horse was lime to hi, moot', ab
three deys after ho letentel it. —lt: Slr. NI-tout,,
When the horse wee f inl to I'm, h. lii n it
Aries it again. —Jamu D eaten. farm bailiff, living at
Melcombe lior.ey, said he knew the horse in queeti n.
It was in his ; lie in 1.61. 11, hat it a little
over be, :sae.. lie ride it fraus Septee,ber, 1631,
till April, 1532. It wa. then A little lune in the near
fore leg. lie hat it blisters I, &nil turned it out till
Ogtois ir. 1662. He then no le it again mei di I a .1
lint anything the matter eri:h t. In was cold in
165.3 h: ion.—Fr, ilmick Hardy sell be
went to Melo 'mho Hersey ub ut August, 186.1. Ili
went there tic.', nine him.., an I lie bought one
Ile left the one (mit the one in ilu alma) it the dab's.
He saw the horse in queti in. The hone in queeti
was trotts I out, ant they fancierl it was lame If
role It, and found it very lam, in ono of tip him'
leg.; but for this he !night h um bought it.—Cha. lee
North. M.8.C.V.5., nail somo time ago, in the spring
of 1382. he examine I the horse In testiun for Mr.
D ',lento% It Wag very lone in the neon fare leg
from ring-bone. mi. wee the same u ini•ification of
the corona. Toe diseue e mid not be cured, although
the !amend*. might be remaved for • time. Ile
blistered it twige, and it was perf-ctly soul ei far mu
the lameness waa concerned. Any hart wank, such
aa hunting, would bring out the lamentse again. lie
natined the horse when it was sail by action in
0 rt her, 1663, and he observail it had • sptvin in the
off hint h Howirl alms.' his Honour
I in the defence, an I at the close his Honour t .ok
ocruion ti remark on the ne -*inky of a new Statute
of Fraud., in regar I to there hares cues, ti make •
wnitt,u warrant: always niceesary.—Mr. Howard
then called the &fen limit, who statni ha bought the
horse of Mr. Jame. Ham,iton in October. MI, and it
was warranre I ti him ae sound. Os the 17th May
last plaintiff cam, to bit house to see the hare., an lit ,
wee trotted nu ATI iwn before him, mil thoroughly
examined by him. He sail the horse wee all right.
He (iefenriant) told him " I dan't warrant him aut.
thing." Plaintiff gave him £6O for the horse, in I
said tf he male anything out of it he would give him
LI more. On the (Mewing Saturday be saw the
plaintiff at 1) Inhaler, and he ti I him the horse wet
going very well awl hot been in harries,
—ln crore-examinstian witnets said he gave £B7 for
the hues, an lit was warrattel soon I to him, as was
written on the cheque. He dii not ask his opini in at
all. He hail never werrantel a h)ese in hie life, ant
meant tn. li. only call " lc is a brantiful
horse," and plaintiff seplis "Vu night t may it is •
lively crater, an they do in Ire'eul." (Laughter.)
When the h WWI WWI trotteil on: first plaintiff salt I
It doesn't go level." Wits..,, did not say " It is as
sound as any horse in the worn "on anything t that ;
effect. He t him he and his brother had been '
riling it all the relater. ant that he had askel 6100
for it. When he ha I the horse first it was pike
untrained, hot when he sit it it was • good hunter, and ,
,mah„voughly treble !that it woull not refuse anything. '
Ile received several letter. fr. IA Crutcher, but he only
replied to the lirst.—L'-examinel by Mr. Howard
When he bought the hone with the warraatys he had
It .x..1..1 by a veterinary to ''ultra. It.—Sfr.
Howard: That is what the plaintiff ought to bare
done—it is the custom—His Honour : It is not •
iteetom, one man't practice dose not govern anottee'a—

He till ix .1 gine his opinion &hint the horse; he wee
nt sitke I ii, it, and he did not w.irriso: it. —Toe
JO is (ton tlrfesblasitl: Al or y u b tuott, the b bee
di I you observe it go tame exiipt when it
fell ors!, aatlsin hu atlov. but it g t 'err it. I. we.
treated by Mr. Lipicomse, end it smear wen: he ue
eller %bet. It I d oat go lane behia I tie gerbils ti
hi had tts To eon teat happetua is Deretioter la t
year. —Frank Isuckham, brother of the tee; rettne.r,
em I it wea • " green" borm when they cal it Mat,
tt it it 111, he ..et • g I bunion. Wain lir. WWl-
&cites Is tk place betweeu hie broth, r mad Crutches.
he (witness) was present. lie corrob 'raid hie
br eta neut. Mr. Crutches uzioutaty rxa tined
tee in tar. 11, heard whet was mid blase • t tem.
Pleintiff " H., liked the horn, very web, but tuts
mosey au too much." He soul it senotel b &IA i4ht,
and hie brother sail' I don'', know earthing ag sleet
sink but I won't wa,rant it.“—Cron-exeusised by
Iletc•lfe : 1' a.ntiff felt the heck*, but ha ..hl Out
say enythisg about them. Hs had stC milt
au tame but Irma the sod lent oseusi sooL Too,, ere
5, floe:, ose appbrOue sr any 'trivia. He mid
▪ et airwave any Spann whim they trot bougut it.—
ltesez emiord by Mr. Howard: They rode to.. horse
tro t wbuin a few day. if the .ale. Placid offered
CO with tut saying • word about the warreaty.—Alt.
.1. A. Lilac sube„ 31.1i.C.V.5., said he extuninal tine
bores in ()Ana, 1893. aul be gave a ovrtaicsto thst it
✓at &mud. U. mesa led Via animal in ilecemb.r
.est, when it was 'WI sriag from it.fi itaivati oh tte
Ito.* jaunt and kudos'., ties result of an accident. it
gst over that.--Cruse.saimitieJ by Nit. Metcalf,
11, was p tei ire ter bore, bed DO n,.eocn of rise, ne,
es tie to ens wer• not c Arse IL am, p tue
vault cuen.ini of the b tree *tote el .er us. firtflio••
IWO. le his spni a Hr. North we, wr,eg in sayit,g
tune was sio•Vou. i Lacitta.ut reineuibered sa-ing
plaint" on Juno 7.h at at the k.:stru Exclbsug. , Dar
Cecile .f. He (plaiutiff) wasted to sell wit...,'. hr 'trier
crib •li . ii.• 0.1-- I hove aut •ild the little
h nia I bought or your brother,' He &Med ha had
wen driving it so dumb:, barmen every day, eel it
went splesioiti.y, although it wei • little greets at first.
He eeid ha Jul not trouble at all aim tut selling a u mai
eat diet qualtty.—Heary dale veil he was a farmer,
and he knew the
_plaintiff. H. was in his compeer
early in Jones.He than said he hit sold the Outs.
that moraing 1.. coins foreigner, aliej.C; 1,. Veet4loll,7
easeen'a certiticate.-00.184-oX•anned • Ha kites, the
hereto when it Wiwi hooted by defendeute It was
hunted auout once a week, and in the intsrvel wee
Wier/ re • back.—Hr. Howard then eddrimed his
iltioour for the defence, awl premed the yeti point*
tu (scour of hie client, and Mr. M. Melte baring
replies), hie H,nour reserved judgment.