96 SALE AND MORTGAGE. 



A horse whose stumbling requires the constant remedy of 

 a certain method of shoeing not disclosed by the seller or dis- 

 coverable by the purchaser using reasonable skill, is not "sure- 

 footed" within the meaning of a warranty.^®" 



Among the disorders held to amount to unsoundness may 

 be mentioned diseases of the lungs ;i^i thick wind, proceeding 

 from inflammation ;"2 rot or tick;^®^ broken wind;^^* the 

 "navicular disease;""^ ossification of the cartilages ;^*'^ 1am- 

 initis or alteration of the structure of the feet.^®^ 



35. Return on Breach of Warranty. — On the breach of a war- 

 ranty of soundness, the seller is liable to an action without 

 either the animal being returned or notice given of the un- 

 soundness ;i^® even where the horse was kept and used for 

 nine months and was medically treated during that time.^®^ 

 But the seller is not bound to take the animal back again un- 

 less there has been an express agreement to that eflfect or 

 the contract is tainted with fraud or has been mutually re- 

 scinded, and, except in such cases, the purchaser cannot resist 

 an action for the price otherwise than by setting up the breach 



""Morse v. Pitman, 64 N. H. 11. 



Occasional stumbling is not an unsoundness: Lenoir v. Mandeville, 12 

 Rev. Leg. (Can.) 369. 



"' Hyde v. Davis, Oliph. Horses (sth ed.) 85. "' Oliph. Horses 98. 



"° Drolet V. Laferriere, 12 Rev. Leg. (Can.) 359. 



'" Willan V. Carter, cited in Oliph. Horses (stli ed.) 70. 



'"Huston V. Plato, 3 Colo. 402; Matthews v. Parker, Oliph. Horses 86. 



"° Simpson v. Potts, Oliph. Horses 87. 



""Hall V. Rogerson, Oliph. Horses 85; Smart v. Allison, Ibid. 



As to corns, see Alexander v. Button, 58 N. H. 282. 



As to a horse being chest-foundered, see Atterbury v. Fairmanner, 8 

 Moo. 32. 



See the list of disorders held to constitute unsoundness in the sale of a 

 horse in Oliph. Horses (sth ed.) Part I, Ch. IV. 



'"Fielder v. Starkin, i H. Bl. 17: Oliph. Horses 157; Nauman v. UU- 

 man (Wis.) 78 N. W. Rep. 159. 



'°° Patteshall v. Tranter, 4 N. & M. 649. And see Humbert v. Larson, 

 99 la. 275. 



