ORIB-BITING. 57 



The alleged unsoundness or vice was, tliat the 

 horse was a crib-biter. 



" Sir James Scarlet^ in opening the case for the 

 plaintiff, read an extract from Dr. Rees's Cyclo- 

 paedia, in which crib-biting was described as a 

 vice, and the writer, distinguishing vice from 

 unsoundness, gave it as his opinion, on the effect 

 of a warranty, that if it extended to soundness 

 only, the horse was not returnable for crib-biting, 

 but if it included a warranty against vice, it was ; 

 crib-biting being, it was said, * one of the worst 

 vices.' 



" Philip ffearn, who had had the care of the 

 horse after the plaintiff purchased it, stated, that 

 as soon as it was put into the stables, it began 

 crib-biting pretty sharply, and mauled the har- 

 ness about. 



" Did you put the harness out of its way ? O 

 yes, or it would have been soon all gone. 



<* Did he appear to be an old crib-biter ? Yes, 

 he was a stanch old hand. 



" It was proved that the defendant had had 

 notice to take the horse back ; and that he refus- 

 ed, stating that crib-biting was no * vice.' He ad- 

 mitted that he knew the horse was a crib-biter 

 at the time he sold it to the plaintiff. 



