286 



belonging to C, warranting both horses to be 

 sound, the purchaser cannot maintain an action 

 against B for the unsoundness of the horse be- 

 longing to him (B), as upon the sale of that horse 

 separately, since the contract concerning the twc 

 horses was entire, and in declaring on a contract 

 it is necessary to aver the entire consideration foi 

 the warranty. 



Having made these general remarks, which are 

 applicable to all warranties of an absolute cha- 

 racter, whether general or qualified, I will proceed 

 to the usual warranty ; namely, that of an absolute 

 undertaking for soundness ; and before I considei 

 the question, the all-important question, in whal 

 soundness consists, I will mention two cases that 

 refer to the abstract principle. The first is that 

 of Eaves v. Dixon, 2 Taunton, 343, where it was 

 held, that in an action on the warranty of a horse 

 the plaintiff must positively prove that the horse 

 was unsound. 



The horse died a few days after the sale ; and 

 on dissection it was found, that the lungs were 

 greatly inflamed, and adhered to the ribs : the 

 pericardium was also enlarged. It was also proved 

 that the horse was apparently in health and high 

 condition down to the time of sale : that the dis- 

 order was of so rapid a nature that inflammation 



