342 THE ADVENTURES OF A GENTLEMAN 



judgment of the court lays down a very important 

 principle, applicable to all questions of soundness, I 

 shall extract them fully. 



The first in date is to be found in 2 Espin. Rep. 

 673, Garment V. Barrs ; where it is held, "a war- 

 ranty that a horse is sound, is not false because the 

 horse labors under a temporary injury from an acci- 

 dent at the time the defendant warranted the horse 

 to be sound." The plaintiff observed that she went 

 rather lame on one leg ; the defendant replied that it 

 had been occasioned by her taking up a nail at the 

 farrier's, and except as to that lameness, she was per- 

 fectly sound. 



Chief Justice Eyre: "Ahorse laboring under a 

 temporary injury or hurt, which is capable of being 

 speedily cured, or removed, is not, for that, an 

 unsound horse ; and where a warranty is made that 

 such a horse is sound, it is made without any view to 

 such an injury ; nor is a horse, so circumstanced, 

 within the meaning of the warranty. To make the 

 exception a qualification of the general warranty,* 



* These words are correctly quoted, but not very intelligible, 

 except by the context : it would perhaps be better expressed had 

 it been said, " To bring the case within the general warranty, the 

 injury," &c. 



