306 



ranty had been given againet an apparent defect, it 

 would have been void in law. This argument did 

 not appear to have any weight with the court. 



The next case ingeniously contrives, though 1 

 believe without intending it, to rip open the 

 principle laid down by the same judge in Elton 

 V. Brogden, for here permanency seems to be 

 held essential to make a cough unsoundness ; 

 the case is also important in establishing another 

 maxim, that severe exercise of the horse by hunt- 

 ing, though tending to aggravate the disease, will 

 not discharge the seller from his liability. 



It is held in Shillito v. Claridge, 2 Chitt. 425, 

 that " a cough, unless proved to be of quite a tem- 

 porary nature, is an unsoundness, and a verdict 

 for the defendant was held wTong, though the 

 horse had the next day after the warranty been 

 rode a huntinof." 



The horse had a couoh , when it was sold. 

 "If it had," said Lord Ellenborough, "and the 

 cough was of a permanent nature, I have always ^ 

 held that it was a breach of the warranty, and I 

 such has, I believe, always been the understanding,, 

 both in the profession and among veterinary 

 surgeons. On that understanding I have always' 

 acted, and think it quite clear." 



It was argued that two-thirds of the horses in 



