In usual health; without any permanent disease. 1
Carr. & Marsh. 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 M. & Rob. 137; 9
M. & W. 670. 2 M. & Rob. 113.
2. In the sale of slaves and animals they are sometimes warranted by
the seller to be sound, and it becomes important to ascertain what is
soundness. Roaring; (q. v.) a temporary lameness, which renders a horse less
fit for service; 4 Campb. 271; sed vide 2 Esp. Cas. 573; a cough, unless proved
to be of a temporary nature; 2 Chit. R. 245, 416; and a nerved horse, have been
held to be unsound. But crib-biting is not a breach of a general warranty of
soundness. Holt, Cas. 630.
3. An action on the case is the proper remedy for a verbal warrant of
soundness. 1 H. Bl. R. 17; 3 Esp. 82; 9 B. & Cr. 259; 2 Dow. & Ry. 10;
1 Bing. 344; 5 Dow. & R. 164; 1 Taunt. 566; 7 East, 274; Bac. Ab. Action on
the Case, E.
Source: Bouviers Law Dictionary 1856 Edition