IN SEARCH OF A HORSE. 355 



which the purchaser relied, by applying to a judge at 

 chambers. 



The case of Dickinson v. Follett, 1 Moody and 

 Robinson, 199, tried at Exeter, is an important case 

 upon a question of soundness of a rare occurrence. 

 " Mere badness of shape, though rendering the horse 

 incapable of work, is not unsoundness." This mar- 

 ginal note, however, by no means gives a correct 

 idea of the decision. It appears from the report 

 that the horse's action was so defective, that in work 

 he cut himself before, or interfered, as it is called. 

 It was contended for the plaintiff, and in my opinion 

 correctly, that this malformation constituted unsound- 

 ness, although at the time of sale there might exist 

 neither lameness nor wound. Mr. Justice Alderson, 

 however, drew a distinction rather too fine for any 

 body but a lawyer : — " The horse could not be con- 

 sidered unsound in law, merely from badness of 

 shape. As long as he was uninjured, he must 

 be considered sound. When the injury is pro- 

 duced by the badness of his action, that injury 

 constitutes the unsoundness," and on this direc- 

 tion the jury found for the defendant. This is, 

 in other words, holding that the existence of a cause 



