SAUNDERSON v. HARRISON
Mr. Serjeant STORKS and Mr. GUNNING were for the plaintiff, and Mr. ANDREWS for the defendant.
This was an action for the breach of the warranty of a bay gelding bought by the plaintiff, Mr Saunderson, horse dealer, Cambridge, of the defendant, Mr Harrison, of Harmston, in the county of Lincoln, at Horncastle fair, on the 18th of August last for £26. On the same day, the horse was re-sold by plaintiff to Mr Marriott, of Abbot's hall, near Braintree, Essex for £31. It turned out to be unsound during the journey to Mr Marriott's residence, and that gentleman commenced an action against Saunderson, from whom he had purchased the horse. Proceedings in that action were stayed upon the refunding of the purchase money, and payment of costs—£11. 9s. on the part of Mr Marriot, and £3. 18s. 10d. on the part of Saunderson. This action was now brought to recover the value of the horse, the costs in the case Marriott against Saunderson, and the keep of the horse for 20 weeks at 10s. per week, amounting in the whole to £56. 7s. 10d.
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Mr. ANDREWS then addressed the jury for the defence, contending that the horse was perfectly sound at the time of sale, and had to become lame on the road from Horncastle to Essex. He called the following witnesses:—
Richard Hugill—I am a brewer at Petersfield, Hampshire, and formerly lived at Billingborough, in Lincolnshire. In November, 1838, I bought the horse in question, and sold him at the April Lincoln fair, in 1840, to the defendant. I rode him nearly every day, and he was never lame in the slightest degree while I had him.
Cross-examined by Mr. Serjeant STORKS—I have never seen the horse since I sold him. I bought him at four years old from a person named pixel for under £30, and sold him for about £35, but I do not remember whether I gave a warrant with him or not, though he was always a sound horse. A man named Pearson sold him for me, and I never knew the defendant personally. I rode him sometimes 40 miles a day.