IN SEARCH OF A HORSE. 345 



case, that the warranty did not extend to the cough 

 or cold, because it was an existing and manifest 

 defect ; and that, if a warranty had been given against 

 an apparent defect, it would have been void in law. 

 This argument did not appear to have any weight 

 with the court. 



The next case ingeniously contrives, though I 

 believe without intending it, to rip open the princi- 

 ple laid down by the same judge in Elton v. Brogden, 

 for here permanency seems to be held essential to 

 make a cough unsoundness ; the case is also important 

 in establishing another maxim, that severe exercise 

 of the horse by -hunting, though tending to aggra- 

 vate the disease, will not discharge the seller from 

 his liability. 



It is held in Shilto v. Claridge, 2 Chitt. 425, that 

 " a cough, unless proved to be of quite a temporary 

 nature, is an unsoundness, and a verdict for the 

 defendant was held 'wrong, though the horse had 

 the next day after the warranty been rode a hunt- 

 ing." 



The horse had a cough when it was sold. ^' If it 

 had," said Lord EUenborough, "and the cough was 

 of a permanent nature, I have always held that it 

 30 



