189 
ON SOUNDNESS AND UNSOUNDNESS OF 
HORSES. 
By Charles Dayus, M.R.C.V.S., Longnor. 
The question of soundness and unsoundness of horses 
having been commented upon by several veterinary surgeons 
in the late numbers of the Veterinarian , I have thought it not 
out of place, in connection with this subject, to direct the 
attention of the profession to a case which recently came be- 
fore the County Court at Shrewsbury. The animal in ques- 
tion, a mare, was purchased in December last, for the sum 
of fifty-five pounds, a warranty of soundness being given. 
Shortly after the sale, the vendor received an intimation that 
the mare would be returned in consequence of being unsound 
from <e thrush” in the hind feet , the off one more particularly 
being mentioned. Believing her to be sound, he refused to 
take her back, and consequently she was ultimately sold by 
auction for thirty-three pounds. An action was brought for 
the recovery of twenty-two pounds, being the difference in 
price, together with the expenses which had been incurred. 
In support of the plaintiff's case, his groom, footman, and 
others were called, all of whom spoke to the existence of 
thrush , and some of them added that the animal was lame. 
Two veterinary surgeons were also examined, and they, too, 
considered the mare to be unsound from thrush , although 
they could not say she was lame. 
For the defence it was not denied that there was a slight 
exudation of fluid from the cleft of the hind frogs ; but this 
being so common an appearance in the hind feet of horses, 
consequent upon their exposure to the influence of moisture, 
it was contended that so trivial an affection was not sufficient 
to constitute unsoundness. The jury, however, thought 
otherwise and gave a verdict for the plaintiff. 
This case plainly shows that a disease, however slight it 
may be, is in the eye of the law to be considered as 
unsoundness, notwithstanding it may not militate against 
the general usefulness of the animal, or diminish his 
pecuniary value. This being so, I contend that the law of 
warranty of horses is a complete farce, for how few really 
sound animals are there to be found ? I wish it not, how- 
ever, to be understood that I assume that thrush is always 
an unimportant disease, for every practical man knows well 
to the contrary, especially when it occurs in the fore feet, or 
is accompanied by contraction of the hoof, being under these 
xxxi. 26 
