WARRANTY. 33 



at the farrier's was not an unsoundness. This 

 learned judge, in his observations to his jury, 

 remarks — ' a horse labouring under a temporary- 

 injury or hurt, which is capable of being speedily 

 cured or removed, is not for that an unsound 

 horse within the meaning of the warranty.' If 

 these decisions are not to be regarded as con- 

 flicting, one deduction ought possibly to be, that 

 such slight injuries as proceed from external 

 causes, and are with moral certainty to be 

 speedily and effectually cured, do not fall under 

 the head of infirmities, which term properly com- 

 prehends such diseases only as may without much 

 improbability hang by the animal through life, 

 while they impair his present usefulness. 



" Crib-biting, in its incipient state, has been 

 held to be no unsoundness ; but, when inveterate, 

 (and interfering with the health of the animal,} 

 it then falls within the meaning of the term. 



*' It is commonly asserted that a warranty 

 will not bind when it is obviously false ; the 

 instance given being that of a horse warranted 

 sound, when it is apparent that he is blind ; and 

 for this doctrine, the venerable argument, which 

 makes so conspicuous a figure in legal logic, is 

 usually urged — for that it is his own folly. For 



