IN SEARCH OF A HORSE. 343 



the injury the horse had sustained, or the malady 

 under which he labored, ought to be of a permanent 

 nature, and not such as arose from a temporary injury 

 or accident." 



The other case is that of Elton v. Brogden, 4 

 Campbell, 287, already mentioned. " A temporary 

 lameness, rendering a horse less fit for present ser- 

 vice, is a breach of a warranty for soundness." 



Lord Ellenborough : "I have always held, and I 

 now hold, that a warranty of soundness is broken, if 

 the animal, at the time of the sale, had any infirmity 

 upon him which rendered him less fit for present ser- 

 vice. It is not necessary that the disorder should be 

 permanent, or incurable ; while he has a cough, I say 

 he is unsound, although that may either be tempo- 

 rary, or may prove mortal. The horse in question 

 having been lame at the time of sale, when he was 

 warranted to be sound, his condition subsequently is 

 no defence to the action." 



I cannot undertake to reconcile such high, and yet 

 such contradictory authorities, but I think that Lord 

 Ellenborough's is the sounder of the two. 



Coughj which is the usual indication of severe cold, 

 is unsoundness of a less equivocal character. It will 



