IN SEARCH OF A HORSE. 327 



The judgment of the court proceeded on the ground 

 that the warranty of the first vendor induced the se- 

 cond to give a similar warranty, and having given to 

 the first vendor notice of the action, he was justified 

 in going on with the defence, instead of admitting 

 the objection on the warranty, and relying on his 

 remedy over upon it ; as it was contended by counsel 

 that he ought to have done. 



We now arrive at the awful question, what is in- 

 tended by soundness in a horse ? and though I have 

 just observed that this is properly a question for a 

 jury, I do not mean to contend that there is not a 

 certain legal definition of the term, by which a jury 

 should be directed to consider their verdict. 



In the earlier part of this book, writing in a tone 

 of levity more becoming the character of the topics 

 of which I have there treated, I have remarked upon 

 the contrariety of opinions upon unsoundness as they 

 may happen to be expressed by dealers, farriers, or 

 purchasers : all these parties are too much interested 

 in the question for their opinions to deserve implicit 

 confidence ; but it certainly is much to be lamented 

 that our courts of law have not laid down some uni- 

 form decision upon the subject which might guide all 



