44. Domestic ANIMALS. 
ference in value, but every expense that may have been in- 
curred, 
‘‘ Absolute exchanges of one horse for another, or a sum of 
money being paid in addition by one of the parties, stand on 
the same ground as simple sales. If there is a warranty on 
either side, and that is broken, an action may be maintained: 
if there be no warranty, deceit must be proved.” 
2. What constitutes Unsoundness ?—“ That horse is sound in 
whom there is no disease, and no alteration of structure that 
impairs or is likely to impair his natural usefulness. The horse 
is unsound that labors under disease, or has some alteration of 
structure which does interfere, or is likely to interfere, with 
his natural usefulness. The term ‘natural usefulness’ must 
be borne in mind. One horse may possess great speed, but is 
soon knocked up; another will work all day, but can not be: 
got beyond a snail’s pace; a third with a heavy fore-hand is 
liable to stumble, and is continually putting to hazard the neck 
of his rider; another, with an irritable constitution and a loose, 
washy form, loses his appetite and begins to scour if a little 
extra work is exacted from him. The term unsoundness must 
not be applied to either of these; it would be opening far too 
widely a door to disputation and endless wrangling. The buy- 
er can discern, or ought to know, whether the form of the 
horse is that which will render him likely to suit his purpose, 
and he should try him sufficiently to ascertain his natural 
strength, endurance, and manner of going. Unsoundness, we 
vepeat, has reference only to disease, or to that alteration of 
structure which is connected with, or will produce, disease and 
lessen the usefulness of the animal.’* - 
* Youatt. 
