ON THE LAWS OF WARRANTY. 
335 
atic of disease, as in Basset v. Collis, but if it is of such a 
nature as to incommode a horse when pressed to his speed it 
is unsoundness— Onslow v. Eam,es, 
Mere badness of shape (such as may produce cutting) 
though it may render the horse incapable of work, is not 
unsoundness — Dickenson v. Follett. But malformation, 
though congenital, may be an unsoundness, as a peculiarity 
in the eye which produces shortsightedness, and thereby a 
habit of shying— Holiday v. Morgan. A nerved horse is 
unsound— Best v. Osborne. Vice, as crib biting, is not 
tantamount to an unsoundness— Scholejield v. Bobb. Whe¬ 
ther thrushes, splints, or quidding, be unsoundness, is a dis¬ 
puted question— Bassett v. Collis. But a splint which pro¬ 
duces lameness is an nnsoundness, even before the lameness 
IS produced—Margetson v. Wright. So a horse spavined— 
Watson V. Denton. Or chest foundered— Atterbury v. Fair- 
maner. Proof that a horse is a good drawer will not satisfy 
a warranty that he is a good drawer, and pulls quietly in 
harness— Coltherd v. Puncheon. From the foregoing we may 
conclude that our highest legal authorities do not in all cases 
properly demonstrate the law, or why does Chief Justice 
Eyre rule directly opposite to Lord Ellenborough ? And, 
again, in Dickenson v. Follett, and Margetson v. Wright; 
therefore, I would remove at once the possibility of vexatious 
cases being commenced, as often occurs months after the 
animal was first purchased, by restricting the time in which 
he may be returned to five days, under any circumstances 
Avhatever; and, as the late Mr. Litt said, ignore patent 
defects altogether, such as spavins, ringbones, sidebones, 
visual imperfections,” &c.; for should the buyer not be him¬ 
self sufficiently conversant with the various points to look to 
to discover such defects, he has always the opportunity of 
calling in a veterinary surgeon to protect his interests, and 
this latter he would undoubtedly do, if he understood, as in 
the law respecting repositories quoted above, viz., that it 
must be returned within the time, though the unsoundness 
is of such a nature as may not be discovered within that 
time.” There are, of course, many things little in them¬ 
selves not observable to a buyer, yet easily recognisable to a 
professional eye, and which may be productive of irreparable 
mischief, to describe which the word ‘‘ incipient” is used, 
and no doubt it is a very convenient word to introduce in a 
certificate when a valuable horse is presented for examination, 
and nothing definite can be found against him, yet the ex¬ 
aminer fancies there must be a something, or else he would 
not have been brought for inspection. 
XLII. 
