696 THE PEOPLE'S FARM AND STOCK CYCLOPEDIA. 



will be liable for the consequences; but if the buyer says, " Sell 

 me that grey horse to ride," and the seller knows at the time 

 the buyer will not be able to ride it, that would not make the 

 seller liable. Had he said, " Sell me that grey horse if he is fit 

 to ride," and the seller sold it knowing he was not fit, he would 

 be liable. 



The warranty commonly given is in the form of a receipt : 



Received of A. B. dollars for bay gelding, warranted only seven 



years old, sound, free from vice, and kind to work. 



Signed, Seller 



The word warranted is limited to things named in receipt.; 

 and the qualities desired or bought should be named in the war- 

 ranty. This warranty covers every unsoundness that can be 

 detected or lurks in the constitution at time of sale, and to 

 every vicious habit that the animal had hitherto shown. To 

 recover or return, it is incumbent on the buyer to prove the 

 animal unsound and viciously disposed at time of sale. 



The Definition of Unsoundness given by Youatt is 

 more extended than that of Professor Colernan, and we close 

 this subject with it: "The horse is sound in which there is no 

 disease, nor any alteration of structure in any part which im- 

 pairs or is likely to impair his natural usefulness. That horse 

 is unsound that labors under disease, or that has some altera- 

 tion of structure that does interfere, or is likely to interfere, 

 with his natural usefulness. The term natural usefulness must 

 be borne in mind. 



" One horse may possess great speed, but is soon knocked 

 up ; another will work all day, but can not get beyond a snail's 

 pace; one with a heavy forehead is liable to stumble, and is 

 continually putting to hazard the neck of the rider; another, 

 with an irritable constitution and washy make, loses his appe- 

 tite and begins to scour if a little extra work is exacted from 

 him. The term unsoundness can not be applied to any of 

 these; it would be opening far too wide a door to disputation 

 and endless wrangling. The buyer can discern, or ought to 

 know, whether the form of the horse is that which will render 

 him likely to suit his purpose, and he should try him sufficiently 



