CHAPTER XXII. 



ON SOUNDNESS, AND THE PURCHASE AND SALE OF HORSES. 



[This chapter is given nearly entire, as in the original, and in 

 the remarks on warranty, &c., entire, because it is believed to 

 give a luminous exposition of what equity in all cases demands 

 in regard to the matters of which it treats. It constitutes there- 

 fore the proper basis of amicable settlement between gentlemen, 

 in all countries, where the purchaser of the horse alleges a 

 violation of warranty ; and the basis of proper adjudication 

 where an action is commenced for fraud. In some of the 

 States of the Union, there may be statutes or judicial decisions 

 which would vary from the English ones cited on the subject of 

 warranty, fraud, and as to what constitutes unsoundness, — ^but 

 probably in most cases, they will be found substantially the 

 same. — Am. Ed.] 



There are few sources of greater annoyance both to the pur- 

 chaser and the seller of the horse than disputes wdth regard to 

 the soundness of the animal. 



That horse is sound in whom there is no disease, and no alter- 

 ation 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 " must be borne in mind. One horse may possess 

 great speed, but is soon Imocked up ; another will work all day, 

 but cannot be got beyond a snail's pace : a third with a heavy 



* Since the publication of our first edition, this definition or rule as to 

 soundness or unsoundness has received very high judicial sanction. Goates 

 V. Stephens, 2 Moody and Robinson, 157, Sekolefield v. Robb, id. 210. We 

 ehall adhere to it as our test of soundness or unsoundness throughout this 

 cliapter, not forgetting what is said in the following extract from a note to 

 one of these cases. " As it may now be considered as settled law, that the 

 breach of a warranty or soundness does not entitle the purchaser to return 

 the horse, but only to recover the difference of value of the horse with or 

 without the particvlar unsoundness, the question of temporary maladies, 

 producing no permanent deterioration of the animal, would, generally 

 speaking, only involve a right to damages merely nominaL" 



