244 ESSENTIALS OF VETERINARY LAW 
quite serviceable for an indefinite period, he is 
still unsound. 
A lameness which interferes with usefulness is 
unsoundness, even temporarily; ** and a horse is 
unsound when one leg is weaker than the others.** 
195. Warranty of Character. ‘‘If a man sells 
a horse generally he warrants no more than it is 
a horse; the buyer asks no question and perhaps 
gets the animal the cheaper. But if he asks for 
a carriage horse or a horse to carry a female or a 
timid and infirm rider, he who knows the qualities 
of the animal and sells, undertakes on every prin- 
ciple of honesty that it is fit for the purpose indi- 
cated. The selling upon a demand for a horse 
with particular qualities is an affirmation that he 
possesses those qualities.’’ 4° 
The sale of a stallion or bull for breeding pur- 
poses is not necessarily a guaranty of his ability 
in that direction, especially in the absence of 
definite information upon that subject.4¢ But 
where producers and dealers in horses for breed- 
ing purposes sell a stallion to one who, to their 
knowledge, wishes to use him for that purpose, 
there is an implied warranty that he is reasonably 
fit for such purpose,** and that he is not prevented 
by illness, weakness, or any other infirmity from 
43 Elton v. Brogden, 4 Camp. 
281. 
44 Elton v. Jordan, 1 Stark 
127. 
45 Jones v. Bright, 5 Bing. 
533. (Per Best, C. J.) Also, 
Smith v. Justice, 13 Wis. 600; 
Danforth v. Crookshanks, 68 
Mo. App. 311. 
46Glidden v. Pooler, 50 Ill. 
App. 36; Taylor v. Gardiner, 
8 Manitoba 310; Scott v. Ren- 
ick, 1 B. Mon. 63; McQuaid v. 
Ross, 85 Wis. 492; White v. 
Stelloh, 74 Wis. 435. 
47 Merch. & Mech. Sav. Bank 
v. Fraze, 9 Ind. App. 161. 
