242 ESSENTIALS OF VETERINARY LAW 



had other animals.^^ (§§ 13, 112.) Where the price 

 and charges for delivery were paid, but no deliv- 

 ery was made, it was held that the purchaser 

 could recover the money paid, and the death of the 

 animal after the time for delivery was no de- 

 fense.^^ 



The general rule as to unsoundness, at present 

 accepted, in spite of some few decisions to the 

 contrary in the past, is that laid down by Lord 

 Ellenborough : "To constitute unsoundness, it 

 is not essential that the infirmity should be of a 

 permanent nature; it is sufficient if it render the 

 animal for the time unfit for service, as, for in- 

 stance, a cough, which for the present renders it 

 less useful, and may ultimately prove fatal. Any 

 infirmity which renders a horse less fit for present 

 use and convenience is an unsoundness. ' ' ^^ 



194. Illustrative Cases of Unsoundness. Fraud 

 and deceit are not countenanced by law. An act 

 done in order to hide a defect, and make its detec- 

 tion less likely, is fraudulent in character. A 

 "nerved" horse is particularly unsound, not only 

 because of the foot disease which is thus covered 

 up, but because the cutting of the nerve in the leg 

 is performed in order that the animal may not 

 show tenderness of the foot when it exists.-''^ Bone 

 spavin, even when not accompanied with lame- 

 ness, is unsoundness.^^ Crib biting may be only 



34 Sherrod v. Langdon, 21 37 Best v. Osborne, Ry. & 

 Iowa 518; Packard v. Slack, Mo. 290. 



32 Vt. 9. 38 Watson v. Denton, 7 C. & 



35 Winn V. Morris, 94 Ga. P. 85, Hoffman v. Gates, 77 

 452. Ga. 701. 



36 Elton V. Jordan, 1 Stark. 

 127 ; Elton v. Brogden, 4 Camp. 

 281. 



