The whole that passed at the time of the exchange of the horses ought to be received in evidence. It formed but one transaction, and the jury should judge upon the whole. Even admitting that the biter was bit, and that the plaintiff ought to have recovered something, the jury could not assess his damages, unless the value and soundness of the horse he had swapped was shewn to them.

The rest of the court assenting hereto,

Judgment affirmed.