SOUNDNESS, AND PURCHASE AND SALE 685 



A BROKEN KNEE, unlcss the joint is injured so as to impair its functions, 

 is not considered to be unsoundness. 



Capped iiocks and elbows do not produce any lameness, nor do they 

 in any way interfere with the action of the joints to which they are 

 adjacent. 



Contraction of the foot is no evidence of disease, and, taken by itself, 

 is not sufficient to prove it to be unsound. 



Crib-biting was decided, in the cases of Broennenhnry v. Haycock and 

 Scolefield v. Eohh, not to be unsoundness ; but Baron Parker ruled in the 

 latter that it came within the meaning of the word " vice." Undoubtedly 

 this is a habit which is generally attended by impaired digestion, and, as 

 such, it comes strictly within the definition given above ; but the law is as 

 I have stated it. 



CuRBY HOCKS, though experience may tell us they are likely to be 

 attended by curbs, arc decided not to be unsoundness. In Broivn v. 

 Elkington, the attention of the vendor was directed to the hocks by the 

 purchaser before the sale, as likely to spring curbs ; but in the action on 

 the warranty it was held by Lord Abington that " a defect in the formation 

 of the horse, which had not occasioned lameness at the time of sale, though 

 it might render the animal more liable to be lame at some future time, was 

 no breach of warranty ; " and the Court of Exchequer confirmed this view 

 of the law, by refusing a rule for a new trial. 



Cutting, on the same principle, is no breach of warranty, unless the horse 

 is lame from it at the time of sale. 



A splint is not, in itself, evidence of unsoundness ; but if it is so situ- 

 ated as necessarily to interfere with the suspensory ligament or tendons, 

 or if it has already produced lameness, it is to be accepted as a mark 

 of unsoundness. 



Thoroughpin, when existing to a moderate extent, is not sufficient to 

 render the horse unsound ; but this will always be a question of opinion, 

 and a horse with thoroughpin is, therefore, not to be warranted with 

 safety. 



Thrush, occurring from mismanagement only, and not from any defect in 

 the horse, is clearly not to be considered as unsoundness. 



Soreness of the joints from work, as it soon goes off after a short rest, is 

 not accepted as unsoundness. 



WiNDGALLS are also only evidences of work, and do not usually cause 

 lameness. When this co-exists, it is sufficient to produce unsoundness, 

 without reference to the windgalls. 



When a horse is purchased, with the conditions that he is warranted 

 sound, or free from vice, or quiet to ride and drive, the warranty must either 

 be in writing, or given in the presence of a disinterested third person. The 

 form of warranty is as follows, and it is better that it should be on the same 

 paper as the stamped receipt, though this is not absolutely necessary if it is 

 shown that the receipt is properly given. 



Date. 

 Received of A. B.C. fifty pounds for a bay gelding, by Smallhopes, war- 

 ranted five years old, sound, free fi'om vice, and quiet to ride and drive. 



50^. x.y.z. 



