DEFECTS
—in horses differ very materially from what are termed BLEMISHES, (which see:) the latter are always considered conspicuous, and easily observed by the eye of experience and judicious inspection. A horse may have defects not so readily to be perceived, and consequently remain a longer or shorter period before they are discovered: he may prove incorrigibly restive, and not happen to display it in a new situation for days or weeks; he may be a seasoned and invincible crib-biter; he may be vicious to dress; a kicker in the night; doubtful in the eyes; aukward in action; troublesome to saddle, and when saddled, more troublesome to ride. Though these are defects, yet the DEALER (proceeding upon the purest principles of integrity) conceives them professional privileges of secrecy, which he is not bound in honor to disclose; affecting to believe, they are totally abstracted from every idea conveyed in the declaration and warranty of being "perfectly sound."
That this matter, however, may be the better and more universally understood, it cannot be inapplicable to introduce the opinion which the late Lord Mansfield held publicly in the Court of King's Bench; "that a restive horse was tantamount to an unsound one; and upon this principle, that if the subject so purchased was evidently restive, and would not, or could not, by fair means, be prevailed upon to go where he was required, he was equally useless with an invalid whose lameness or infirmity prevented him from executing the purposes for which he was purchased." From such authority (founded upon the basis of equity) there can be but little, if any, doubt, an action brought for the recovery of money paid for a restive horse, such horse having been "WARRANTED SOUND," would obtain a verdict. As, however, the proverbial uncertainty of the LAW, the confusion of witnesses, and the caprice of a sleepy jury, are very slender reliances for the man of prudence and honor, who wishes "to do unto others as he would be done unto," the safest method for every purchaser is to take (from the GENTLEMAN as well as a dealer) a proper receipt, upon payment of the money, that such horse or mare is warranted sound and free from vice; by which litigation and law-suits may be prevented.