316 



Spavin, enlarged joints, and any malformation 

 of the leg, or foot, not obvious to a common 

 observer, and impeding the action. 



Quittor, and any ulcer, fistula, or abcess, wher- 

 ever it may be seated. 



Glandular swellings, cough, and discharges from 

 the mouth or nose. 



Sand-crack, or any defect in the hoof; and any 

 tenderness or irritability of the back, quarters, or 

 withers, making the saddle or harness painful. 



All disease of the eyes, whether it produces 

 blindness or not; but if the disease has disappeared, 

 leaving blindness as the result, sufficiently obvious 

 to be visible to a common observer, I consider it 

 to be a- patent defect, not covered by a warranty of 

 soundness. 



Lastly, I class with unsoundness, pertinacious 

 refusal of the food, because it is certain evidence 

 of the horse's being either constitutionally or locally j 

 diseased. 



The question has been much mooted, whether a 

 horse can be returned upon a warranty of sound- 

 ness, or whether the only remedy open to the pur- 

 chaser is to bring an action for the difference of 

 value occasioned by the unsoundness : in other 

 words, whether the breach of the warranty is an 

 annihilation of the contract. 



