Roller, plaintiff, and Harper, defendant, had agreed to swap horses. Harper's bay gilding was lame with one leg swollen and stiff whereas Roller's bay gilding was a fine draft horse. Harper needed a better horse for trip to Virginia but Roller refused to swap for the lame horse. Roller agreed to exchange on condition if horse got better while Harper made trip. Horse died possibly from snake bite. Harper refused to return Roller's horse. Roller charges Harper is cheating him out of his horse.