DISEASES, DEFECTS, ETC. 83 



law on the subject of temporary diseases was laid down 

 by Lord Ellenborougb nearly seventy years ago, and with 

 regard to a Cough his Lordship said, "I have always 

 held and now hold that a warranty of soundness is broken 

 if the animal at the time of sale had any infirmity upon 

 him which rendered him less fit for present service. It is 

 not necessary that the disorder should be permanent or 

 incurable. While a Horse has a Cough I say he is un- 

 sound, although that may be either temporary, or the 

 Cough may prove mortal (s). Any infirmity which renders 

 a Horse less fit for present use and convenience is Unsound- 

 ness^^ (t). 



In a later case an action was brought on the warranty of Confirmed by 

 a Horse, which, immediately on being taken home after ^. l^^er deci- 

 sale, was found to have a Cough. The Cough became ^^^"" 

 worse, and on the Horse being examined by a Veterinary 

 Surgeon eighteen days afterwards, he was pronounced un- 

 sound from diseased bronchial tube and chronic inflamma- 

 tion. Cough being an incident of that disease. However, 

 it appeared that at the time of the trial the Cough had 

 been cured. Mr. Baron Parke, in summing up, said to 

 the Jmy, " I have always considered that a man who buys 

 a Horse warranted sound, must be taken as buying for 

 immediate use, and has a right to expect one capable of 

 that use, and of being immediately put to any fair work 

 the owner chooses." 



" The rule as to Unsoundness is, that if at the time of 

 sale the Horse has any disease which either actually does 

 diminish the natural usefulness of the animal, so as to 

 make him less capable of work of any description, or which 

 in its ordinary progress will diminish the natural usefulness 

 of the animal ; or if the Horse has, either from disease or 

 accident, undergone any alteration of structure that either 

 actually does at the time, or in its ordinary effects will, 

 diminish the natural usefulness of the Horse, such a Horse 

 is Unsound.''^ 



" If the Cough actually existed at the time of the sale 

 as a disease so as actually to diminish the natm'al useful- 

 ness of the Horse at that time and to make him then less 

 capable of immediate work, he was then Unsound; or if 

 you think the Cough, which in fact did afterwards diminish 

 the usefulness of the Horse, existed at all at the time of 



(•■«) MonY.£roffden,4:Ca,mv.28l. (t) Elton v. Jordan, 1 Stark. N. 



P. C. 127. 



g2 



