366 THE HORSE. 



Thoroughpin, except it be of G:reat size, is rarely productive of ; lame- 

 ness, and therefore cannot, when unaccompanied by lameness, be 

 termed unsoundness ; but as it is the consequence of hard work, and 

 now and then does produce lameness, the hock should be most carefully 

 examined, and there should be a special warranty against it. 



Thrush. — There are various cases on record of actions on account of 

 thrushes in horses, and the decisions have been much at variance,' or 

 perfectly contradictory. Thrush has not been considered by legal men 

 as unsoundness : it seemed to be necessary to prove lameness, or probable 

 injury to the foot. We confess, however, that we are inclined to consider 

 thrush as unsoundness. We are compelled to consider it so accordino- to 

 our definition, that every disease is unsoundness. It is inflammation of the 

 lower surface of the inner or sensible frog-, and the secretion or throwing 

 out of pus, almost invariably accompanied by a slight degree of tender- 

 ness of the frog itself, or of the heel a little above it, and if neglected, 

 leading to diminution of the substance of the frog, and separation of the 

 horn from the parts beneath, and undermining, and the production of 

 fungus and canker, and ultimately a diseased state of the foot, destruc- 

 tive of the present, and dangerous to the future usefulness of the horse. 



WiNDGALLs. — There are few horses perfectly free from windgalls, but 

 they do not interfere with the action of the fetlock, or cause lameness, 

 except when they are numerous or large. They constitute unsoundness 

 only when they cause lameness, or are so large and numerous as to 

 render it likely that they will soon cause it. 



In the purchase of a horse the buyer usually receives, embodied in the 

 receipt, what is termed a warranty. It should be thus expressed : — 



* Received of A. B. forty pounds for a grey mare, warranted only five 

 years old, sound, free from vice, and quiet to ride and drive. 



^40. C. D.' 



A receipt, including merely the word * warranted,' extends only to 

 soundness, — 'warranted sound' extends no further; the age, freedom 

 from vice, and quietness to ride and drive, should be especially named. 

 This warranty extends to every cause' of unsoundness that can be de- 

 tected, or that lurks in the constitution at the time of sale, and to every 

 vicious habit which the animal has hitherto shown. To establish a 

 breach of the warranty, and to be enabled to return the horse or recover 

 the price, the ])2irchaser must prove that it was vnsound or viciously 

 disposed at the time of sale. In case of cough, the horse must have been 

 heard to cough previous to the purchase, or as he was led home, or as 

 soon as he had entered the stables of the purchaser. Coughing-, even on 

 the following morning, will not be sufficient ; for it is possible that he 

 might have caught cold by change of stabling. If he is lame, it must 

 be proved to arise from a cause that could not have occurred after 

 the animal was in the purchaser's possession. No price will imply a 

 warranty, or be equivalent to one ; there must be an express warranty, 

 A fraud must be proved, in the seller, in order that the buyer may be 

 enabled to return the horse or maintain an action for the price. The war- 

 ranty should be given at the time of sale. A warranty, or a promise to 

 warrant the horse, given at any period antecedent to the sale, is invalid ; 

 for the horse is a very perishable commodity, and his constitution and 

 his usefulness may undergo a considerable change in a i^"^ days. A 

 warranty after the sale is invalid, for it is given without any legal consi- 

 deration. In order to complete the purchase, there must be a transfer of 

 the animal, or a memorandum of agreement, or the payment of earnest- 



