OWNERSHIP OF ANIMALS 241 
haps as tuberculosis, until bacteriologic examina- 
tion shows the presence of the Bacillus mallei. 
Human cases are frequently discovered first by 
veterinarians who have been called to treat ani- 
mals on the place, and accidentally learn of the 
human patients. 
A glandered horse is today recognized as a dan- 
ger to the community, and as such the authorities 
generally order its destruction. It may therefore 
be regarded as practically worthless for any pur- 
pose. It was held in one case that where a horse 
is worthless for any purpose there is a total lack 
of consideration, and the trade is therefore void- 
able, irrespective of the matter of warranty.* 
‘‘Under the Iowa code, the fact that the buyer of 
sheep knew that they were afflicted with a con- 
tagious disease will not prevent the sale from 
being invalid; but it is otherwise where the seller 
did not know.’’*!_ Where the seller of a diseased 
animal had no special cause for suspicion of the 
infectious character of the ailment, it was held 
that the doctrine of Caveat emptor applied.** 
Where a seller of diseased animals knowingly war- 
ranted them free from infectious disease, he has 
been held liable for the injury to other animals,** 
even though he did not know that the purchaser 
30 Danforth & Co. v. Crook- 33 Smith v. Green, 1 C. P. D. 
shanks, 68 Mo. App. 311. 92; Mullett v. Mason, H. & R. 
31 Ingham, The Law of Ani- 779; Stevens v. Bradley, 89 
mals, 88, citing Caldwell v. Bri- Iowa 174; Joy v. Bitzer, 77 
dal, 48 Iowa 135. Towa 73; Faris v. Lewis, 2 B. 
32 Rothwell v. Milner, 8 Man- Mon. 375; Jeffrey v. Bigelow, 
itoba 472; cited by Ingham, 13 Wend. 518. 
88. 
