SPECIFIC FORMS OF UNSOUNDNESS. 95 



ing to be an unsoundness, saying : "If a horse be affected by 

 any malady which renders him less serviceable for a per- 

 manency, I have no doubt that it is an unsoundness ; I do not 

 go by the noise, but by the disorder." ^^^ And whistling has 

 been held to constitute a breach of a warranty that a horse is 

 a "good hunter," though it does not actually interfere with 

 his peace and endurance.^ ^^ 



Bone spavin in the hock is an unsoundness whether it pro- 

 duces lameness apparent at the time of the warranty or not, 

 and though it may not produce lameness for years after- 

 ward.^®^ 



The want of castration in a male mule is not an unsound- 

 ness;^®* nor is the pregnancy of a mare.^®® 



A nerved horse (nerving consisting in the division of a 

 nerve leading from the foot up the leg to relieve the animal 

 from the pain caused by a foot-disease) is unsound.^®* 



A warranty that a horse is "sound and kind in every re- 

 spect" is broken if it is in the habit of making sudden plunges 

 without cause.* ^''^ And a warranty that a horse is "sound and 

 right" means that he is right in conduct as to all matters ma- 

 terially affecting his value as well as in physical condition.*®* 

 Proof that a horse is "a good drawer" only will not satisfy a 

 warranty that he is "a good drawer and pulls quietly in har- 

 ness." "The word 'good' must mean 'good in all particu- 

 lars.' " i®9 



"" Onslow V. Eames, 2 Stark. 72. 



"^ King V. Cave, Co. Ct. case, cited in 18 Ir. L. T. 91. 



"' Watson V. Denton, 7 C. & P. 85. Cf. Hoffman v. Oates, 77 Ga. 701, 

 cited irl § 27, supra. 



"* Duckworth v. Walker, i Jones L. (N. C.) S07- 



"' Whitney v. Taylor, 54 Barb. (N. Y.) 536. 



"" Best V. Osborne, Ry. & Mo. 290. 



•" Hall V. Colyer, 8 N. Y. Suppt. 801. 



See as to the meaning of "quiet to drive," Wilson v. Turnbull, 23 Rettie 

 (Sc. Ct. Sess.) 714. As to evidence that a pony is not "gentle," see Haf- 

 ner v. McCaffrey, 43 N. Y. Suppt. 279. 



"' Walker v. Hoisington, 43 Vt. 608. 



™ Coltherd v. Puncheon, 2 D. & R. 10. 



