64 



It is, nevertheless, very difficult to draw the 

 line in regard to the marketable state of a horse 

 when aifected with a cough; for certainly the 

 purchaser incurs some risk ; and a horse, with 

 a cough, may continue sound in his lungs in the 

 hands of one person, and yet become broken- 

 Avinded in the hands of another. It seems un- 

 reasonable that a purchaser, buying a horse 

 affected with a cough, should return him, at any 

 considerable length of time after the purchase, 

 merely because he still continued to cough, 

 although not broken-winded. By a parity of 

 reasoning, a horse may be sold with a con- 

 tracted hoof, and yet not be lame ; ])ut it would 

 surely be unreasonable to return him, at the 

 end of six months (although not lame) merely 

 because he had a contracted hoof. 



A person selling a horse with a cough, might 

 be required to give a \varranty against his 

 becoming broken-winded, in a given length of 

 time; but even in that case he would not be 

 bound to take tlie horse again, except he wxre 

 positively broken-winded at the expiration of 

 the term of the Marranty, although the cough 

 might continue to exist in the same degree as 

 it did at the time of sale. There are very few 

 horses that do not cough, more or less, M'hen 

 taken up from grass : they are very subject, 

 also, at particular seasons of the year, to sore 



