74 



WHAT DISEASES CONSTITUTE UNSOUNDNESS OR VICE. 



Held to be 

 unsoimdness 

 when tem- 

 porary. 



Confirmed by a 

 later decision. 



neglected. It is accompanied by a little increase of pulse, 

 a slight discharge from the nose and eyes, a rough coat, and 

 a diminished appetite. If the inflammation increases the 

 complaint degenerates into bronchitis (w), catarrhal fever, 

 thick- wind (w), and broken- wind (o). 



Although it was laid down diiferently by Mr. Justice 

 Coleridge in Bolden v. Brogden (p), it may now be con- 

 sidered as settled law that a cough at the time of sale, 

 whether permanent or temporary, is a breach of a warranty 

 of soundnens, and the subsequent recovery of the horse is 

 no defence to an action on the warranty {q), but may be 

 proved in reduction of damages (/■). The law on the subject of 

 temporary diseases was laid down by Lord Ellenborough 

 many years ago, and with regard to a cough his Lord- 

 ship said, "I have always held and now hold that a 

 warranty of soundness is broken if the animal at the time 

 of sale had any infirmity upon him which rendered him less 

 fit for present service. It is not necessary that the disorder 

 should be permanent or incurable. While a horse has a 

 cough I say he is unsound, although that may be either 

 temporary, or the cough may prove mortal (s). Any in- 

 firmity which renders a horse less fit for present use and 

 convenience is unsoundness" {t). 



In a later case an action was brought on the warranty of 

 a horse, which, immediately on being taken home after 

 sale, was found to have a cough. The cough became worse, 

 and on the horse being examined by a veterinary surgeon 

 eighteen days afterwards, he was pronounced unsound from 

 diseased bronchial tube and chronic inflammation, cough being 

 an incident of that disease. However, it appeared that at 

 the time of the trial the cough had been cured. Mr. Baron 

 Parke, in summing up, said to the jury, " I have always 

 considered that a man who buys a horse warranted soimd, 

 must be taken as buying for immediate use, and has a 

 right to expect one capable of that use, and of being im- 

 mediately put to any fair work the owner chooses." 



" The rule as to unsoundness is, that if at the time of 

 sale the horse has any disease which either actually docs 

 diminish the natural usefulness of the animal, so as to make 



n) Bronchitis, ante, p. 70. 

 i) Thickwind, post. 

 (()) Broken-wind, ante, p. 70 ; 

 Lib. U. K. " The Horse," 188. 



(p) Bolden T. Brogden, 2 M. & 

 Rob. 113. 



(o) Coates v. Stephens, 2 M. & 



Eob. 157. 



(r) Eiddell v. Burnard, 9 M. & 

 "ff. 670. 



{s) Elton V. Brogden, i Camp. 

 281. 



(t) Elton T. Jordan, 1 Stark. N. 

 P. C. 127; 18 R. R. 751. 



