OWNERSHIP OF ANIMALS 241 



haps as tuberculosis, until bacteriologic examina- 

 tion shows the presence of the Bacillus mallei. 

 Human cases are frequently discovered first by- 

 veterinarians who have been called to treat ani- 

 mals on the place, and accidentally learn of the 

 human patients. 



A glandered horse is today recognized as a dan- 

 ger to the community, and as such the authorities 

 generally order its destmction. It may therefore 

 be regarded as practically worthless for any pur- 

 pose. It was held in one case that where a horse 

 is worthless for any purpose there is a total lack 

 of consideration, and the trade is therefore void- 

 able, irrespective of the matter of warranty.^*^ 

 ''Under the Iowa code, the fact that the buyer of 

 sheep knew that they were afflicted with a con- 

 tagious disease will not prevent the sale from 

 being invalid ; but it is otherwise where the seller 

 did not know. ' ' ^^ Where the seller of a diseased 

 animal had no special cause for suspicion of the 

 infectious character of the ailment, it was held 

 that the doctrine of Caveat emptor applied.^- 

 Where a seller of diseased animals knowingly war- 

 ranted them free from infectious disease, he has 

 been held liable for the injury to other animals,^^ 

 even though he did not know that the purchaser 



30 Danforth & Co. v. Crook- 33 Smith v. Green, 1 C. P. D. 

 shanks, 68 Mo. App. 311. 92; MuUett v. Mason, H. & R. 



31 Ingham, The Law of Ani- 779; Stevens v. Bradley, 89 

 mals, 88, citing Caldwell v. Bri- Iowa 174; .Joy v. Bitzer, 77 

 dal, 48 Iowa 15. Iowa 73; Faris v. Lewis, 2 B. 



32 Eothwell V. Milner, 8 Man- Mon. 375; Jeffrey v. Bigelow, 

 itoba 472 ; cited by Ingham, 13 Wend. 518. 



88. 



