304 



speedily cured, or removed, is not, for that, an un- 

 sound horse ; and where a warranty is made that 

 such a horse is sound, it is made without any view 

 to such an injury; nor is a horse, so circumstanced, 

 within the meaning of the warranty. To make the 

 exception a quahfication of the general warranty, 

 the injury the horse had sustained, or the malady 

 under which he laboured, ought to be of a perma- 

 nent nature, and not such as arose from a temporary 

 injury or accident." 



The other case, is that of Elton v. Brogden, 

 4 Campbell, 281, already mentioned. ** A temporary 

 lameness, rendering a horse less fit for present 

 service, is a breach of a warranty of soundness." 



Lord EUenborough : " I have always held, and 

 now hold, that a warranty of soundness is broken, 

 if the animal, at the time of sale, had any infirmity 

 upon him which rendered him less fit for present 

 service. It is not necessary that the disorder 

 should be permanent, or incurable ; while he has a 

 cough, I say he is unsound, although that may 

 either be temporary, or may prove mortal. The 

 horse in question having been lame at the time of 

 sale, when he was warranted to be sound, his con- 

 dition subsequently is no defence to the action." 



Coiighy which is the usual indication of severe 

 cold, is unsoundness of a less equivocal character. 



