44 DOMESTIC ANIMALS. 



ference in value, but every expense that may have been in- 

 curred. 



" Absolute exchanges of one horse for another, or a sum of 

 money being paid in addition by one of the parties, stand on 

 the same ground as simple sales. If there is a warranty on 

 either side, and that is broken, an action may be maintained : 

 if there be no warranty, deceit must be proved." 



2. What constitutes Unsoundnessf " That horse is sound in 

 whom there is no disease, and no alteration of structure that 

 impairs or is likely to impair his natural usefulness. The horse 

 is unsound that labors under disease, or has some alteration of 

 structure which does interfere, or is likely to interfere, with 

 his natural usefulness. The term ' natural usefulness 1 must 

 be borne in mind. One horse may possess great speed, but is 

 soon knocked up ; another will work all day, but can not be 

 got beyond a snail's pace ; a third with a heavy fore-hand is 

 liable to stumble, and is continually putting to hazard the neck 

 of his rider ; another, with an irritable constitution and a loose, 

 washy form, loses his appetite and begins to scour if a little 

 extra work is exacted from him. The term unsoundness must 

 not be applied to either of these ; it would be opening far too 

 widely a door to disputation and endless wrangling. The buy- 

 er can discern, or ought to know, whether the form of the 

 horse is that which will render him likely to suit his purpose, 

 and he should try him sufficiently to ascertain his natural 

 strength, endurance, and manner of going. Unsoundness, we 

 repeat, has reference only to disease, or to that alteration of 

 structure which is connected with, or will produce, disease and 

 lessen the usefulness of the animal."* 



* Touatt. 



