PURCHASE AND SALE OP HORSES. 521 



Lameness, from whatever cause arising, is unsoundness. Howeyei- 

 temporary it may be, or however obscure, there must be disease whicli 

 lessens the utility of the horse, and rendershim unsound for the time 

 So says common sense, but there are contradictory decisions on the case^ 

 ' A horse labouring under a temporary injury or hurt, which is capable of 

 being speedily cured or removed, is not, accordang to Chief- Justice Eyre, 

 (as given, 2 Espin. Rep. 673, Garment v. Boors), an unsound ^orse ; and 

 whefe a warranty is made that such a horse is sound it is -fde without 

 any view to such an injury; nor is a horse so circumstanced within the 

 Zinm^ of the warranty.' To vitiate the warranty, the injury the horse 

 had sustained, or the malady under which he laboured, ought to be ot a 

 permanent nature, and not such as may arise from a temporary injury or 



''''On^tiie contrary. Lord Ellenborough says (4 Campbell, 251, Elton v. 

 Broaden), ' I have always held, and now hold, that a warranty of sound- 

 ness is broken if the aniial at the time of sale has any infirmity ^pon hn^ 

 which renders him less fit for present service. It is not necessary that the 

 Jsorder should be permanent or incurable. While a horse has a cough 

 he is unsound, although It may either be temporary or may prove mortal. 

 The hTrse in question\aving 'been lame at the time of sale -^e- ^i -as 

 warranted to be sound, his condition subsequently is no defence to the 

 Tction ' The decisions of Mr. Baron Parke, ah-eady referred to, confirm 



^^Nayko™' Disease, however sHght, renders the animal decidedly un- 



'° NifuROTOMY.-A question has arisen, how far a horse that has undergone 

 thf operation of the division of the nerve of the leg, and has recovered 

 fnL the lameness with which he was before affected, and stands his work 

 well may be considered to be sound. Chief-Justice Best teld such a 

 bote toi unsound, and in our opinion there cannot ^^ a d-bt aW 

 the matter. The operation of neurotomy does not remove the disease 

 causSg L lameness, but only the sensation of pam. A horse on whom 

 tMs operation has be^n perfo/med may be improved ^7 ^^--^^^^ ^° 

 ^e lame-may go well for many years ; but there is no certamty ot this, 

 andTe is iJsolnd, within our definition, unless nature gave the nerve 



^^sLT/^rorTHK LAXEKAL Cap^tlaoes (^i^e-bones) Constitutes un- 

 soundness, as interfering with the natural expansion of the foot, and, m 

 horses of quick work, ahnost invariably producmg lameness. 



PraiCEDFoOT.-When the union between the horny and sensitive 

 laminae or little plates of the foot, is weakened, and the cofian-bone is let 

 dXn 'and press^es upon the sole, and the sole yields to this unnatural 

 weight, Tnd becomes rounded, and is brought in contact with the ground 

 Id is bruised and injured, that horse must be unsound, and ^^^^^ fm 

 ever, because there are no means by which we can raise the coffin-bone 



""'fj^^tJrL mastication of the food gives pain to the animal in 

 consZence of soreness of the mouth or throat, he will drop it before it is 

 ISeZj chewed. This, as an indication of disease, -nstitixtX-^^^^ 

 ness Ouiddin^ sometimes arises from irregularity m the teeth, which 

 wound ?hecheel with their sharp edges ; or Vt^-<^i"^rdthroSi; 

 impossible for the horse to close his jaws so as to ^^^^ ^^^ f*^^'^ ^^fj^^i^^^^^ 

 Ouiddino- is unsoundness for the time ; but the unsoundness may cease when 

 th" teSh are properly filed, or the soreness or other cause ot this imperfect 

 chewing removed. 



QuiTTOR is manifestly unsoundness. 



