UNSOUNDNESS. 5 9 



the immediate use, which may require a course of medicine 

 and cure to render it fit for its purpose, and which demands 

 the exhibition of more than ordinary skill and expense to 

 preserve it in a state of usefulness or, perhaps, from utterly 

 perishing : " and many cases in Scotland have followed this 

 principle. 



In England the leading case upon this point is Kiddel 

 V. Burnard,{a) in which the rules in prior cases were 

 reviewed. There Baron Parke observed : — " The rule I laid 

 down in Coates v. Stevens (h) is correctly reported, and I am 

 there stated to have said : ' I have always considered that 

 a man who buys a horse, " warranted sound," must be taken 

 as buying him 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. T lie rule as to soundnessJi 

 is, that if at jhe time o£ -sale the horse has any disease, i' 

 which either actually does diminish the natural usefulness of 

 the animal, so as to make him less capable of Avork 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 horse is unsound." It is to be observed that the 

 words " any disease " are used ; and, of course, imder them 

 are comprehended constitutional and hereditary diseases,(c) 

 and to this definition Avas added, that the disqualification for 

 work may arise either from disease or accident, (c?) 



The application of that rule was further illustrated in the 

 same case, thus : — " For instance, if a horse had a slight 

 pimple on the skin it Avould not amount to an unsoundness, 

 but even if such a thing as a pimple were on some part of 



(«) K!ddd V. Burnard, 1S42, M. and W. 668. 

 (h) Coates v. Stephens, 1838, 2 M. and Hob. 157. 

 (c) Uulyday v. Muryan, 1858, 2S L.J., Q.B. 9. 

 {d) Baron Anderson in Kiddel, cit. p. 671. 



