OF rURCTIASE AND SALE, ETC. 89 



perfect. In Brst v. Oahorne (ni), it was not dis- 

 puted that the horse compLained of moved soundly 

 enough, but it had been " nerved," that is, an 

 operation had been performed on the nerves of 

 the foot to cure it of lameness. Mr. Justice Best 

 said, after referring to the horse being warranted 

 sound, "sound means perfect, and a horse deprived "Sound" 



7T1CU.I1S 



of a useful nerve was imperfect, and had not that " iicrfcct." 

 capacity of service which is stipulated for in a 

 warranty of soundness." And so, in Kiddcll v. 

 Jhiruard (n), Baron Parke says: "The word sound 

 means what it expresses, namely, that the animal 

 is sound and free from disease at the time it is 

 warranted to be sound ;" and, in the same case, 

 Baron Alderson said, "the word sound means 

 sound ; and the only qualification of which it is 

 susceptible arises from the purpose for which the 

 warranty is given. If, for instance, a horse is 

 purchased to be used in a given way, the word 

 'sound' means that the animal is useful for that 

 purpose, and 'unsound' means that he at the time 

 of sale is affected with something which will have 

 the effect of impeding that use." It may be now 

 taken as law that the term "sound" is as defined 

 by the learned judges in the above ease; but whilst 

 this is so, it will be found so much easier to define 

 the negative of soundness — namely, unsoundness 

 — that a chapter is devoted to an attempt to 



(w) R. & M. 290. {») 9 M. k W. G70. 



