192 UNSOUNDNESS AND VICE. 



does not believe that a veterinarian can legally 

 reject such a horse upon these grounds. 



To cover this, one would need to accept the 

 following dictum for unsoundness : 



" That a horse is unsound which has any disease 

 upon it, temporary or permanent, or any defect in 

 its anatomical conformation which renders it predis- 

 posed to suffer injury, whereby its future utility may 

 be affected." 



Vice does not constitute unsoundness, and it is 

 always wise for a buyer to get a warranty that the 

 animal is free from it. 



Such dangerous habits as kicking, in or out of 

 harness, bolting, jibbing, backing, etc., are all 

 vices, and are breaches of warranty when a horse 

 has been sold as free from vice, but do not con- 

 stitute unsoundness. 



If a horse gives evidence of any of these vicious 

 practices within reasonable time after sale (say, 

 a few weeks) the buyer has good cause for main- 

 taining an action for breach of warranty. 



Biting and resisting shoeing are also vices. 



Any bad habit that diminishes the animal's 

 natural usefulness, or becomes injurious to its 

 health, is a vice. 



