6 SOUNDNESS IN HOKSES. 



animal unfit for present reasonable use, tlie dicta cited 

 might apply ; but here the congenital defect had actually 

 rendered the horse unfit for the reasonable use for which 

 a horse may be employed. An actual defect is not the 

 less unsoundness that it has existed from the birth." 

 Erie, J. : "I think the direction perfectly right. The 

 animal had a defect of vision which diminished his 

 natural usefulness at the time of sale ; that, I am of 

 opinion, was a breach of warranty ; and I dissent from 

 the proposition that no congenital defect can come 

 within the definition of unsoundness." Hill, J. : " The 

 true test is, whether the defect complained of renders 

 the horse less than reasonably fit for present use ; and it 

 is immaterial, if there be such a defect, whether it be 

 congenital or of more recent occurrence." " I have 

 always considered that a man who buys a horse warranted 

 sound, must be taken as buying for immediate use, and 

 has a right to expect one capable of that use, and of 

 being immediately put to any fair work the owner 

 chooses." (Mr. Baron Parke in Coates v. Stephens.) * 



Practical soundness. — The term, "practically sound,*' 

 although it has no legal significance, may, for convenience 

 sake, be applied to a horse which is capable of doing a 

 fair amount of work, although he possesses one or more 

 defects which might constitute a breach of warranty, if 

 a warranty of soundness had been given. The defects 



* Moody & Eobinson's Eeport?, vol. 2, p. 158. 



