UNSOUNDNESS AND VICE. 



65 



sented to us now for the first time, we might deem it proper 

 to grant a rule, but the matter has been, we think, settled 

 by previous cases : and the opinion which we now express 

 is the result of dehberate consideration." 



And Mr. Baron Alderson said, " I am of the same 

 opinion. The word ' sound ' means sound, and the only 

 qualification of which it is susceptible arises from the 

 purpose for which the warranty is given. If, for instance, 

 a horse is purchased to be used in a given way, the word 

 ' sound ' means that the animal is useful for that purpose ; 

 and ' unsound ' means that he, at the time, is affected with 

 something which will have the effect of impeding that use. 

 If the disease be one easily cured, that will only go in 

 mitigation of damages. It is, however, right to make to 

 the definition of unsoundness the addition my brother 

 Parke has made, namely, that the disqualification for work 

 may arise either from disease or accident ; and the doctrine 

 laid down by him on this subject, both to-day and in the 

 case of Coates v. Stephens (l), is not new law ; it is to be 

 found recognized by Lord Ellenborough and other judges 

 in a series of cases " (m). 



The rule as to unsoundness applies to cases of disease 

 and accident, which from their nature are only tempo- 

 rary, it not being necessary that the disorder should be 

 permanent or incurable. And this is laid down as law by 

 Lord Ellenborough in Elton v. Brogden («), and Elton 

 V. Jordan (o) ; also by Mr. Baron Parke in Coates v. 

 Stephens (p), and by the Court of Exchequer in Kiddell 

 V. Burnard (q), although Mr. Justice Coleridge in Bolden 

 V. Brogden (r) was of a different opinion. 



It will be unnecessary to take into consideration acute Acute diseases. 

 diseases, such as fevers, inflammation, &c., because all 

 horses are without dispute unsound, during the time they 

 are affected by them. 



A vice is a bad habit, and a bad habit to constitute a Rule as to vice. 

 vice must either be shown in the temper of the horse, so as 

 to make him dangerous, or diminish his natural usefulness ; 

 or it must be a habit decidedly injurious to his health (s). 



Temporary 

 diseases. 



IJ) Coates Y. Stephens, 2 M. & Rob. 

 157. 



{m) Kiddell v. Burnard, 9 M. & 

 ■W.670. 



hi) Eltony. Brogden, i Camp. 281. 



(o) niton y. Jordan, 1 Stark. N. 

 P. C. 127 ; 18 E. R. 754. 



{p) Coates T. Stephens, 2 M. & 



O. 



Rob. 157. 



(?) Kiddelly. Burnard, 9 M. & "W. 

 670. 



(r) Bolden v. Brogden, 2 M. & Rob. 

 113. 



(s) SeholefielA v. Mohh, 2 M. & 

 Rob. 210 ; and see Crib-biting, post. 



