158 THE HORSE. 



which not interfering with the joint, does not occasion 

 lameness. Sallenders and mallenders, cracked heels, 

 grease, running thrushes, all sufficiently visible, are 

 not decisive of unsoundness in a horse, but may have 

 arisen from neglect and want of good grooming ; the 

 coarseness, however, and roundness of the legs, are 

 indicative of a constitutional tendency to these mala- 

 dies ; and I have known horses, the legs of which 

 could, by no possibility, be kept whole within doors, 

 particularly if the horses were tied up in the stall. 



The following judicial decisions deserve attention: 

 — The terms of warranty announced at a public sale, 

 are binding, as being known to purchasers ; but in 

 private sales, the warranty must be specific, not in 

 mere general terms or words of course ; it should be 

 expressed in the receipt for payment. The common 

 and general assertions respecting the horse's age, are 

 not included in warranty ; it is not usual to warrant 

 the age, but in that case, the warranty must be specific. 



A chronic, or cough of long standing, discovered 

 subsequently to the sale, vitiates a sound warrant. 



In the case of a roarer, defendant had a verdict 

 under the direction of Lord Ellenborough ; but his 

 lordship's distinctions do not savour much of expe- 

 rience. He talked of a horse contracting " a bad 

 habit" of roaring. It is probable, however, that such 

 defect cannot exist independent of a morbid cause, 

 or imperfect organization. 



Crib-biting, Judge Burroughs held to be a mixed 

 question of law and fact. In an old and inveterate 

 case, it is an evidence of unsoundness ; not so when 

 incipient, and judged to be merely a habit and curable. 



