Sound

adj. Whole; in good condition; marketable. So used in warranties of chattels. See Brown v. Bigelow, 10 Allen (Mass.) 242; Hawkins v. Pemberton, 35 How. Prac. (N. Y.) 383; Woodbury v. Robbins, 10 Cush. (Mass.) 522.

— Sound and disposing mind and memory. This phrase is often used in the law of wills, to signify testamentary capacity.

— Sonnd mind. This term denotes the normal condition of the human mind,—that state in which its faculties of perception and judgment are ordinarily well developed, and not impnired by mania, insanity, or dementia. See Daly v. Daly, 183 111. 269, 55 N. E. 6ti; Delafield v. Parish, 25 N. Y. 102; Wilson v. Mitchell, 101 Pa. 495; Spratt v. Spratt, 76 Mich. 384, 48 N. W. 627; Whitney v. Twombly, 136 Mass. 147; Harrison v. Rowan, 11 Fed. Cas. 661; Yoe v. MeCo.rd, 74 111. 37.

v. To have reference or relation to; to aim at. An action is technically said to sound in damages where it is brought not for the specific recovery of a thing, but for damages only. Steph. Pi. 105.

1, V. An action brought for damages, as, in covenant or trespass, and not for specific property, is said to "sound in damages." '" 1 Huffman v. Hulbert, 13 Wend. 378 (1836). 2 Eddy V. Baldwin, 32 Mo. 369, 374 (1862). ' Mc Kown V. Fergason, 47 Iowa, 637 (1878). • Lamar v. Palmer, 18 Fla. 155 (18B1). « Dodge V. Mastin, 17 F. R. 665 (1883). • Sandford v. Shepard, 14 Kan. 232 (1875). ' Waddell v. Beddick, 2 Ir.ed. L. 429 (1842). See also Ubsdell V. Cunnmgham, 23 Mo. 134 (1856). « Philadelphia, &o. E. Co. v. Williams, 54 Pa. 107 (1867). 32. Within the meaning of a particular statute relating to appeals and writs of error, an action " sounding in damages " is one in which the damages cannot be determined in dollars by witnesses, but certain facts are proven from which the jury may determine the amount of damages, as, in slander, and the like,— when the damages are not susceptible of direct proof.* Sounding the same. See Idem, Sonans. 3, adj. (1) Referring to wood, vegetables or other inanimate substance: free from decay or rottenness;2 opposed to tbat which is defective, decaying, injured, — not mex-ely inferior.!! (2) Referring to an animal: that neither from nature, disease, or other cause is the animal incapable of performing its ordinary functions; as applied to organs of seeing, hearing, smelling, etc., that the organ has not, from nature, disease, or other cause any defect which makes it incapable or unfit to perform the services ordinarily required of it.2 Free from disease... The only qualification arises from the purpose for which the warranty is given. If a horse is purchased for a specified use, " sound " means that he is useful for that purpose, and " unsound " that he is affected with something which will impede that use.* A general warranty will cover even a patent defect, when so intended." False assertion of soundness, knowingly made, is such a fraud upon the vendeeas will entitle him to a rescission, whether the assertion amounted to a warranty or not." In Massachusetts, a representation that a horse is *' sound," known to be false, is a false pretense.' Sound health. See Hbalth. Sound mind and memory. See Insanity, 3 (5).

V. An action brought to recover damages, not for specific property, is said to sound in damages.