Soundness

General health; freedom from any permanent disease. 1 Carr. & M. 291. To create unsoundness, it is* requisite that the animal should not be useful for the purpose for which he is bought, and that inability to be so useful should arise from disease or accident. 2 Mood. & R. 113, 137; 9 M. & W. 670. In the sale of animals they are sometimes warranted by the seller to be sound; and it becomes important to ascertain what is soundness. Horses affected by roaring; a temporary lameness, which rendered the horse less fit for service; 4 Camp. 271; but see 2 Esp. Cas. 573; a cough, unless proved to be of a temporary nature; 2 Chitty, Bail. 245, 416; and a nerved horse; Ry. & M. 290: have been held to be unsound. But crib-biting is not a breach of a general warranty of soundness; Holt, Cas. 630; but see Washburn v. Cuddihy, 8 Gray (Mass.) 430; Walker v. Hoisington, 43 Vt. 608. The true test is whether the defect complained of renders the horse less than reasonably fit for present use; 9 M. & W. 668. See Oliph.; Hanover on Horses; Benj. Sales § 619. An action on the case is the proper remedy for a verbal warrant of soundness; 1 II. Bla. 17; 9 B. & C. 259; Bac. Abr. Action on the Case (E). See Sale; Warranty.