iage-settlements between these parties ready?
If so, please send them as soon as possible; for both the lady's
and gentleman's friends are (as usual in such cases) very pressing
for them.
"_Puddinghead_ v. _Quickwit_.
"Plaintiff bought a horse of defendant in November last, 'warranted
sound,' and paid for it on the spot L64. A week afterwards, his
attention was accidentally drawn to the animal's head; and to his
infinite surprise, he discovered that the left eye was a _glass
eye_, so closely resembling the other in color, that the difference
could not be discovered except on a very close examination. I have
seen it myself, and it is indeed wonderfully well done. My
countrymen are certainly pretty sharp hands in such matters--but
this beats everything I ever heard of. Surely this is a breach of
the warranty? Or is it to be considered a _patent_ defect, which
would not be within the warranty?[17]--Please take pleader's
opinion, and particularly as to whether the horse could be brought
into court to be viewed by the court and jury, which would have a
great effect. If your pleader thinks the action will lie, let him
draw declaration, _venue_--Lancashire (for my client would have no
chance with a Yorkshire jury,) if you think the _venue_ is
transitory, and that defendant would not be successful on a motion
to change it. _Qu._--Is the man who sold the horse to defendant a
_competent[18] witness_ for the plaintiff, to prove that, when he
sold it to defendant, it had but one eye, and that on this account
the horse was sold for less?
"_Mule_ v. _Stott_.
"I cannot get these parties to come to an amicable settlement. You
may remember, from the two former actions, that it is for damages
on account of two geese of defendant having been found trespassing
on a few yards of a field belonging to the plaintiff. Defendant now
contends that he is entitled to common, _pour cause de vicinage_.
_Qu._--Can this be shown under Not Guilty, or must it be pleaded
specially?--About two years ago, by the way, a pig belonging to
plaintiff got into defendant's flower-garden, and did at least L3
worth of damage--Can this be in any way set off against the present
action? There is no hope of avoiding a third trial, as the parties
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