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 periodicals archive ?
Interagency Policy Statement on Coordination and Communication Between External Auditors and Examiners details information that depository institutions should provide to their auditors, as well as meetings that should be held between auditors and examiners in connection with safety and soundness examinations.
In last year's Coordinated Supervisory Exercise, a sample consisting of the private banking activities of seven banking organizations was reviewed by a System-wide team of examiners during regularly scheduled safety and soundness examinations.
The three credit unions with assets of more than $10 billion-Navy FCU, Pentagon FCU and State Employees Credit Union-would be subject to consumer-related examinations by the CFPB, while the NCUA or a state regulator would handle the safety and soundness examinations.