SOUNDNESS 423 



Roaring and whistling, as evidence of contraction of the entrance to 

 the air-passages, render a horse unsound; in other words, they are evidence 

 of a structural defect, and a roarer or whistler is therefore unsound. This 

 was decided in Onsloiv v. Eames (2 Starkie, N.P.C. 81). 



Ruptures of all kinds render a horse unsound. 



Sand-cracks, or cracks in the hoof of a hoi'se, sometimes extending 

 from the sole to the coronet, constitute unsoundness. They have been 

 already noticed in treating of "patent defects", and would apparently 

 only invalidate a warranty where the buyer has no power of inspection. 



Seedy-toe, which appears as a hole or cavity in the hoof, is a form of 

 unsoundness. False-quarter, or sand-cracks in an aggravated form, 

 would clearly amount to unsoundness. The remark as to warranty in 

 cases of sand-crack would apply both to "seedy-toe" and "false-quarter". 



Spavin (bone). — A spavined horse has been held to be unsound, 

 although not lame ( Watson v. Denton, 7 C. v. G. 86). Many good racers 

 and hunters, however, have spavins, which in no way impede their action 

 or inconvenience them. 



If a spavin caused lameness, it would undoubtedly render a horse un- 

 sound. " Bog " and " blood spavins " have already been noticed. 



Strangles, an infectious fever affecting the throat, which is very likely 

 to lay the seeds of roaring and whistling, amounts to unsoundness. 



Stringhalt, a peculiar jerky action of the hind-legs, will render a 

 horse unsound. It should be observed that horses with this disease, 

 though unsound, are not incapacitated for any kind of work. 



Thickening of the back sinews, or suspensory ligament, will, 

 when appreciable, constitute a horse unsound. 



The diseases above noticed, it will be observed, apply for the most part 

 to the feet and legs. They constitute, in fact, in the vast majority of cases, 

 the o-rounds on which horses are returned for alleo;ed breach of warrantv. 

 There are, however, other diseases not so easily discoverable which amount 

 to unsoundness. Generally, it may be stated that all diseases of the 

 internal organs constitute unsoundness, though they are frequently so 

 subtle as to defy detection. Of these it will be sufficient to notice a few 

 to which the horse is more especially liable. Colic and gripes are self- 

 evident, as the horse that suffers from them is convulsed with agony; but 

 chronic nephritis, or inflammation of the kidneys, is less apparent, but more 

 insidious. We may also notice cystitis, or inflammation of the bladder, 

 spasm of the nech of the Madder, stone in the bladder, and diabetes, 

 all or any of which diseases will render a horse unsound for the purposes 

 of warranty, as will any acute or chronic ailment of the other important 

 organs of the body. 



