IN SEARCH OF A HORSE. 339 



warranty tliat the opinion of a veterinary surgeon, to 

 be named before the purchase, should be conclusive 

 between the parties, and the return of the horse 

 should be a necessary consequence of his being thus 

 certified to be incapable of the work for which he 

 was sold. 



I shall now endeavor, in reference to the warranty 

 of soundness, to explain its meaning, by quoting the 

 cases which establish any particular disease or infir- 

 mity to amount to unsoundness ; and then I will give 

 a short summary of all the complaints, which, as the 

 law stands, would fall within the term. 



It would seem extraordinary that so few cases are 

 to be found in the books, that contain decisions upon 

 the question of soundness, as respects any specific 

 disease. When, however, the principle already quo- 

 ted is remembered, that soundness is for the jury to 

 determine, it is obvious that special disease can rarely 

 fall under the consideration of the court, except col- 

 laterally; hence, after a close examination of the 

 reports, I find that the following disorders are the 

 only ones on which any distinct opinion has been 

 expressed by our judges : Roaring, temporary lame- 

 ness, coughs, splents, nerving, opthalmia, crib-biting, 

 glanders, and hereditary disease. 



