70 BLEMISHES. 



ing the bridle was essential, a purchaser was entitled to 

 notice. ... It is a question of temper." "When a mare 

 " goes amiss " and the difficulty of mounting and dismount- 

 ing is attended mth danger, it would amount to a vice, (a) 



55. Habits Injurious to Health. — Under this category 

 fall habits of crib-biting and wind sucking, particularly when 

 digestion is thereby impaired. (6) Capped hocks are evidence 

 of vice if produced from kickmg in stable, which is also a 

 vice if detrimental to health. (c) "Weaving" also, as evinc- 

 ing an ill-will to confinement or control, and incessant 

 fretfuhiess, would be evidence of vice. Rolling, also, harm- 

 less enough on grass, would, it is thought, be a vice if 

 a confirmed habit in the stable, to the detriment of the 

 animal itself, or to the disturbance of other horses. (cZ) And 

 it is thought that when a horse so persistently refuses to lie 

 down in stable, that its legs thereby become swelled, there 

 would be sufficient evidence of vice. (As regards grunting, 

 roaring and whistling, see § 50.) Cutting and speedy cut are 

 not vices, nor do they constitute unsoundness. A horse 

 could not be considered unsound in law merely from badness 

 of shape. As long as he is uninjured he must be considered 

 sound. When the injury is produced by the badness of his 

 action, that mjury constitutes the unsoundness, (e) 



56. Blemishes. — When a horse is warranted " free from 

 blemish " it can be rejected for a blemish, provided it be not 

 manifest to the buyer at the time of sale, and even though 

 discoverable if concealed. (/) Thus, although there was a 

 visible blemish on the leg of a horse, yet as the seller 

 did not explicitly state to the buyer that the horse was 



(a) Fraser v, Jones, 1886, 2 S.L. Rev. 292. 



(b) Bcuchars v. Shau; 1833, 11 S. 612; Basset v. Collis, 1810, 2 Camp. 532; 

 Scholeficld, cit. p. 68 ; Vaucamps v. Cani'phdVs Trustees, 1889, 5 S.L. Rev. 353. 



(c) Oliphant, p. 79. 



(d) Oliphant, 100. 



(e) Alderson, J., in Dickinson v. Follet, 1833, 1 M. and Rob. 290. 

 (/) § 30. 



