Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1882-01-06

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buyers and sellers Of bulls, cows ard oxen
A good many not only legal rules but thos,
of ordinary dealing, where horses aro con
cerned, have not yet become applicable &c
cattle, and it is to be hoped that it will be
long before the extensive jockeyiug practised
in horse flesh will extend to neat kline. at
is long since" says a writer of experience il
| the purchase of horses, II have arrived al
the settled conviction that it is never expedien
to buy horse from gentleman, and down
right folly to do so if that gentleman is your
| friend In horse dealers estimation UNI
soundness does not and cannot exist; in q
farrier's Judgment every horse in creation is
unsound unless the seller is his customer
The villanies of horse jockeys are so numer.
Gus as to make description of them impossi
Bile, and such tricks as cauterizing the teeth
to conceal age, surfeiting horse with un.
wholesome food, staining blemished knee,
| dyeing the tail and name, are not considered
| by "grooms" and dealers very heinous, and
some so-called gentlemen" do not disdan to
take advantage of them.
Happily the faults of cattle are not SO Ia
tent as those of horses, and their owners, if
capable of such baseness, are not often called
| upon TO cover up any defects, and the eyes
of the purchaser are generally adequate to
| discern all blemishes But it is well to re-
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tor and philosopher, who came near being a
Christian in theory if not in practice, that
the suppression of truth is at times equal
| to false allegation" The man who sells a
COW stated to be in calf by n special bull, or
10 have been served by him, knowing at the
| time that she has aborted since the advertise
ment and not mentioning that fact, is Just as
guilty of a wrong as if he had made posi-
tive statement that she was yet in calf, and is
legally liable for damages to the buyer.
The policy of the earlier law was to throw
the hazards of the purchaser of chattels (that
is, all personal property as distinguished from
real estate) upon him unless there was an ex-
press stipulation that they should be borne
by the seller. In sales of goods where they
could be seen by the parties the maxim,
CdCeat emptOr-"Let the buyer beware
applied, and still does apply and the pur-
chaser must look out and see that The article
is what it is represented to be- A warranty
of title is implied from the sale that is, the
law will presume ownership in the seller, and
if another person establishes his right to the
property the purchaser can recover back his
money and any damages arising from the
failure of title. But except in certain special
instances, as in the sale of provisions for do
nestle use, or when there is difficulty Of
inspecting the goods, or the contract is e1ecl-
ne or quality of the goods sold.
But if a seller make a wilful misstatement
as to the condition of the property, or sell it
as other than he knows it to be, or conceals
defect which the buyer could not by exami-
nation ascertain, it becomes case of fraud
and the seller is liable to an action for dam
ages. Concealment of the fact that q bull
sold was impotent, or that COW had ceased
to breed, would be fraud, unless they were
sold to butcher, as every animal of that
character is assumed to be fit for the ordinary
purposes of its existence An affirmation in
the bill of sale that a bull was a good and sure
breeder would be complete cypress warran-
ty that he was such and even if the seller at
the time he sells makes such statement YER
bally, it is warranty; and if the bull proves
on trial to be impotent the purchaser can in
either case recover back the price paid for
him, and any damages he has sustained A
statement made by seller of a COW 'that she
was all right, was decided to be enough to
let the case go to the jury for them to say
whether it amounted to a warranty or rot,
and they said it did, and the COW being prov
ed to be unsound, damages were awarded
against the seller.
The definition of what constitutes sound
ness in horse has puzzled courts and law
yers as much as sellers and buyers, but il has
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common-sense meaning, and is as applicable
to cattle as TO the equines. If at the time of
sale the animal has any disease which either
actually does diminish its natural usefulness
or which, in its ordinary progress, will di-
mlnsh such usefulness or if the animal has
either from disease or accident, undergone
any alteration of structure that either actual
ly does at the time or in its ordinary effects
Will diminish its natural usefulness, such an
animal is unsound
But the seller is not held answerable for
the soundness of the animal unless he ex-
pressly warrants it to be so by some written
or verbal statement made at the time.
If an animal is purchased to be used in a
given way, or for q special purpose, the word
sound in bill of sale or verbally means
that the animal is useful for that purpose.
Three bullocks had been sold warranted
sound at fair, and Immediately put into
drove and sent on journey of considerable
length It was proved that after the bullocks
had been bought they appeared very weak,
and exhibited appearances of unsoundness in
securing more than usual, and one of them
died on the journey, and the other two were
sold for less price than was originally paid for
them. The jury awarded damages, and the
court sustained the verdict, saying that a man
who buys an animal warranted sound must
be taken as buying it for immediate use, and
has right to expect one capable of that use
and OF being Immediately put to any fair
work the owner chooses.
An animal is sound which is free from any
hereditary disease, is in the possession of its
natural and constitutional health, and has as
much bodily perfection as is consistent with
Its natural formation. It is free from vice
when 1t has no bad habits that make it dan
gerous, or that are injurious to its health, or
that in any way diminish its natural useful
ness.
A COW under this definition could not be
considered sound which had aborted more
than once, or had failed to be with calf after
several services, or MIXED from only three
teatsi nor bull which had become impo-
tent, or from too free use when young failed
TO serve in two cases out of three. A kick
ing COW is vicious, as well as one who runs
at and attempts to hook any one with her
horns
Cattle, happily, are not subject to the many
diseases winch render horses unsound, but
such complaints as chronic asthma, cough
which may degenerate into bronchitis, catar-
rhal fever, thick wind and broken wind thew
are likely TO have occasionally and these are
breaches of the warranty of soundness
Lameness, whether temporary or permanent.
Is an unsoundness in horse and would be- In
cattle. SO is diseased liver, as well as all dis
eases of the lungs. A NANCY animal Is un-
sound, or one liable to paralysis or rheuma.
iism, And any complaint or accident which
has IN any way impaired, or is likely 10 inn.
pair, the quality or usefulness of the bull.
COW, on or calf is an unsoundness A de.
scrlption In bill Of sale of an animal of lis
pedigree would constitute warranty that h
was OF the breeding so represented.
Mhen sales are made at public auction or
privately by printed terms of sale and oata-