The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1891-06-13

from disease or accident undergone
any alteration of structure that either
actually does at the time, or in its
ordinary effects will, diminish the
natural usefulness of the horse, such
horse is unSound." 1t is held by
the English courts, and generally in
this country, that a warranty OF
soundness is broken if the animal
had any inhrmity which rendered him
less fit for present service that it IS
not necessary that the disorder
should be permanent or incurable.
In Massachusetts, however, the SUI
preme Court has said that lameness,
if only accidental and temporary,
would not be breach of warranty,
and t is probably the law that a
temporary and durable trouble, al
though existing at the time OF sale,
if it does not injure the animal for
present service, is not an unsound-
ness. From what has been said
above it will be seen that many
things which diminish he value of
an animal do not make it unsound.
Baking, backing, biting, shying,
running away, kicking, ETC., are
vices in a horse which are not COW
cred by a warranty of soundness,
out would be covered by warranty
of freedom from vice. 1t has been
argued, both in medical books and
in the courts, whether cribbing is an
unsoundness or only bad habit. 1t
has been decided that if the cribbing
has affected his health and condition
so that the horse is less fit for pres
ent service the animal is unsound.
1t is also claimed that the habit, f.
confirmed, is the indication OF dis
ease such as will constitute unsound-
ness.
1t is a universal rule that fraud
vitiates every contract. No man is
bound by bargain into which he
has been led by fraud The party
who is defrauded in a sale may re
turn the property bought and bring
suit Tor the money paid, or defend
successfully against an action for the
prite e, if he has not already paid it.
He must elect to treat the contact
as void within a reasonable time
after he has discovered the fraud,
or be will be held to have acsuiesced
IN the purchase and affirmed the
contract. If, instead of holding the
contract to be void, he chooses to
recognize and affirm it, he may do
so, and bring suit to recover the
damage he has sustained by the
fraud. Fraud is defined to be any
kind or an artifice employed by one
person for the purpose of deceiving
another. Every false statement,
however, made by a person trying
to sell horse is not considered
fraud in law. The law recognizes
the fact that such a person is apt to
indulge in talk magnitying the value
OF his goods and praising his wares,
and will even let him lie little as to
how much the property cost him.
The law considers such words and
statements as 'sellers' talk" con-
cerning which "let the buyer be-
ware" and which are not sufficient
foundation for an action for fraud.
False statements, to be the grounds
of avoiding the sale, of for an action
for deceit, should generally be con-
cerning the article or animal itself,
and not be wholly confined to a col
lateral matter. The purchaser must
have been deceived by the fraud be-
fore he can take advantage OF it. If
he did not believe the false repre-,
sertations made to him he was not
injured by them, and cannot make
them the basis of any action. Only
the defrauded party can rescind the
sale on account of fraud. The guilty
one is bound by it unless the other
is willing to release him. No one
can take advantage Of his own
wrong.
The difference between simple war
ranty and a fraudulent misrepresen
tation is one of knowledge on the
part of the person making it A
vendor, in order to make sale, says
q horse is sound. II he honestly
thinks so. although the animal
proves to be unsound, the purchaser
is bound By the bargain, but may
bring an action for damages for
breach of warranty. If, however,
the seller knew the horse was not
sound when he made the statement,
it is fraud, and the purchaser may
send back the animal and sue for the
money paid, or may keep it and sue
for his damages in an action for de
ceit. 1t is held that if the vendor re
fuses to take the animal back the
purchaser after he has offered to
return it, may sell it for the best
price he can get and collect the diff
ference, together with tie cost OF
keeping. The ordinary damages for
a breach OF warranty is the differ
ence between the actual value of the
animal and what it would have been
as warranted. The rules of law in
regard to warranty and fraud apply
to an exchange OF property the same
as in cases of sales for money.
When a person sells an animal
which he knows to be infected with
a contagious disease, and such dis
ease is in consequence communi
Gated to the herd OF the purchaser,