Soundness

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SOUNDNESS. 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 cribbiting 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.

References in classic literature ?
Or, a non-significant sound, which marks the beginning, end, or division of a sentence; such, however, that it cannot correctly stand by itself at the beginning of a sentence, as
They now let him go on alone; and as he went, his breast was filled more and more with the forest solitude; but he still heard the little bell with which the others were so satisfied, and now and then, when the wind blew, he could also hear the people singing who were sitting at tea where the confectioner had his tent; but the deep sound of the bell rose louder; it was almost as if an organ were accompanying it, and the tones came from the left hand, the side where the heart is placed.
The sound which had frightened them was not repeated, but it had been sufficient as it was to start me speculating on the possible horror which lurked in the shadows at my back.
From which vain speculations, Bassett turned idly to review all that had occurred since that day on the beach of Ringmanu when he first heard the sound and plunged into the jungle after it.
Sometimes I heard four or five at once in different parts of the wood, by accident one a bar behind another, and so near me that I distinguished not only the cluck after each note, but often that singular buzzing sound like a fly in a spider's web, only proportionally louder.
It was flying straight towards him; the guttural cry, like the even tearing of some strong stuff, sounded close to his ear; the long beak and neck of the bird could be seen, and at the very instant when Levin was taking aim, behind the bush where Oblonsky stood, there was a flash of red lightning: the bird dropped like an arrow, and darted upwards again.
But when Le Renard raised his voice in a long and intelligible whoop, it was answered by a spontaneous yell from the mouth of every Indian within hearing of the sound.
For some minutes Little John sat motionless, but presently he laid that which he held gently down, then, folding the hands upon the breast and covering up the face, he turned upon his heel and left the room without a word or a sound.
Was the sound that I had heard really the sound of a sigh?
Then King Frost gnashed his teeth, and cracked his fingers, and his eyes sparkled, and the crackling, crisp sound was louder than ever, and for the last time he asked her:
But now the sounds inside had ceased, and a thin circle of bright metal showed between the top and the body of the cylinder.
Not only did the birds cease song or chirp, but the lowing of the cattle ceased in the fields and the varied sounds of life died away.