336 THE ADVENTURES OF A GENTLEMAN 



question of the horse's capacity for given work, whe- 

 ther laboring under disease or not ; and the conve- 

 nience would be soon found so great to the public, 

 that I have little doubt of the courts of law inclining 

 to sanction such a construction of a horse warranty. 

 The capacity of a horse for work would of course be 

 in many instances a critical question ; nor would it 

 be less so, whether the work in which the purchaser 

 had employed him, corresponded with that for which 

 he had avowedly purchased him ; but these are facts 

 that would scarcely admit of such contradictory 

 evidence, as is given in the case of scientific opinion. 

 Every man accustomed to horses can at once say 

 whether the animal can work satisfactorily, though 

 very few are competent to give a correct opinion 

 whether a horse is diseased, or whether the disease 

 is of long standing or of recent occurrence. 



A case lately occurred to myself, that illustrates 

 the utility of such a definition. I had a mare stand- 

 ing at Mr. Woodin's for sale. He had been ac- 

 quainted with her for several months, and relying 

 on his knowledge of her, and his judgment in such 

 matters, I warranted her sound to a gentleman, who, 

 on trial of her, expressed himself satisfied with her 



