244 ESSENTIALS OF VETERINARY LAW 



quite serviceable for an indefinite period, he is 

 still unsound. 



A lameness which interferes with usefulness is 

 unsoundness, even temporarily;^^ and a horse is 

 unsound when one leg is weaker than the others.^^ 



195. Warranty of Character. ''If a man sells 

 a horse generally he warrants no more than it is 

 a horse; the buyer asks no question and perhaps 

 gets the animal the cheaper. But if he asks for 

 a carriage horse or a horse to carry a female or a 

 timid and infirm rider, he who knows the qualities 

 of the animal and sells, undertakes on every prin- 

 ciple of honesty that it is fit for the purpose indi- 

 cated. The selling upon a demand for a horse 

 with particular qualities is an affirmation that he 

 possesses those qualities. "^^ 



The sale of a stallion or bull for breeding pur- 

 poses is not necessarily a guaranty of his ability 

 in that direction, especially in the absence of 

 definite information upon that subject.^^ But 

 where producers and dealers in horses for breed- 

 ing purposes sell a stallion to one who, to their 

 knowledge, wishes to use him for that purpose, 

 there is an implied warranty that he is reasonably 

 fit for such purpose,*^ and that he is not prevented 

 by illness, weakness, or any other infirmity from 



43 Elton V. Brogden, 4 Camp. 46 Glidden v. Pooler, 50 111. 

 281. App. 36; Taylor v. Gardiner, 



44 Elton V. Jordan, 1 Stark 8 Manitoba 310 ; Scott v. Een- 

 127. ick, 1 B, Mon. 63; McQuaid v. 



45 Jones V. Bright, 5 Bing. Eoss, 85 Wis. 492; White v. 

 533. (Per Best, C. J.) Also, Stelloh, 74 Wis. 435. 



Smith V. Justice, 13 Wis. 600 ; 47 Merch. & Mech. Sav. Bank 



Danforth v. Crookshanks, 68 v. Fraze, 9 Ind. App. 161. 

 Mo. App. 311. 



