points on :B\V2
iwQ a THoree

SHOWING THE MEANS BY WHICH

UNSOUNDNESS AND FAULTS MAY

BE DISCOVERED

ALSO THE TRICKS AND METHODS

FREQUENTLY USED TO EFFECT

SALES

TOGETHER WITH AN ELABORATE

RESUME OF THE HORSES QUALI

TIES FITTING HIM FOR SPECIAL

PURPOSES

Stcpbcn IDan IRenssclacr

pointB on Bu^
tug a IHoree

SHOWING THE MEANS BY WHICH

UNSOUNDNESS AND FAULTS MAY

BE DISCOVERED

ALSO THE TRICKS AND METHODS

FREQUENTLY USED TO EFFECT

SALES

TOGETHER WITH AN ELABORATE

RESUME OF THE HORSES QUALI

TIES FITTING HIM FOR SPECIAL

PURPOSES

Stcpben IDan IRensselaer

Copyright, 1904

By Stephen Van Rensselaer

All Rights Reserved.

DEDICATION.

To E. E. S. — A highly esteemed friend
this little book is aiJectionately dedi-
cated.

The Author.

Ill

Digitized by tine Internet Archive

in 2009 witii funding from

Boston Library Consortium IVIember Libraries

http://www.arcliive.org/details/pointsonbuyinglioOOvanr

SIMON H. ROLLINSON

COUNSELLOR AT LAW

National Bank Building

ORANGE, N. J.

May 1, 1904.
Stephen Van Eensselaer, Esq.,

West Orange, New Jersey.
Dear Sir:

Pursuant to yonr request, I have pre-
pared and submit herewith, a brief
synopsis of the law governing breach of
warranty and fraud in horse sales.* I
have not gone exhaustingly into the sub-
ject as space forbids. I have avoided
technical terms and have endeavored to
express myself so as to be easily under-
stood by those not accusto-med to legal
phraseology.

Yours very truly,
SIMON H. EOLLINSON.

Embraced in Chapter XI.

V

CONTENTS

CHAP. I.
CHAP. II.
CHAP. III.

CHAP. lY.

CHAP. Y.

CHAP. VI.

CHAP. YII.
CHAP. YIII.
CHAP. IX.
CHAP. X.
CHAP. XI.

The Horse in the Stall.

The Trial.

Examination of Head,
ISTeek and Back.

Examination of Front

Legs.

Examination of Front
Feet.

Examination of Hind
Legs and Feet.

About the Wind.

The Color as a Guide.

Points About the Horse

Tricks of the Trade.

Legal Points on Buy-
ing a Horse.

VI

PEEFACE.

The horse is a noble and useful
animal, yet very little is known about
him, as regards good and bad points, by
the average person. In consequence,
when bujdng for the first time, the buyer
must either enlist the services of a friend
who is a judge of a horse, employ a
veterinary surgeon, or blindly bid in a
horse at auction on general appearances
and trust to luck that he will turn out
satisfactorily.

Such persons seem to forget or entire-
ly disregard the fact that horses when
offered for sale, especially by dealers, are
brought to the best possible condition,
perhaps having been doctored for weeks
prior to sale, and possibly when they pass
into their owners^ hands will steadily
decline and be almost useless.

My aim throughout has been towards
brevity and conciseness, and to set forth
the facts without the use of technical
terms, and while I do not anticipate that
this little book will fill the proverbial long
felt want, yet I feel it should be of use
to others than "horse jockies.''^

Of course the remarks which follow,
especially on the tricks of the trade, are
for the most part applicable to low deal-
ers only .

VII

And while it may appear that there is
an undue risk in purchasing a horse on
account of the many ailments and dis-
eases to which I refer, as a matter of fact,
a horse afflicted with a small percentage
of them would indeed be an object of
curiosity and pity! Naturally one might
be deterred from buying, knowing the
many things to look out for, but close and
careful examination and bearing in mind
the diseases, the indications and seats
of the same, coupled with a little horse
sense should suffice to enable the selec-
tion of a useful horse .

Stephen Van Eensselaer.

West Orange, N. J., May, 1904.

1^

VIII

CHAPTER I.

The Horse in the Stall.

Perhaps the most important time to
closely watch the horse yon think of
bnying is when he is at ease in the stall,
as much can be f onnd out then. If he is
of a cranky or mean disposition, he will
show it; when being harnessed or
saddled, by switching his tail, or stamp-
ing, biting or kicking, sometimes jam-
ming yon against the side of the stall, or
refusing to take the bit, or even refusing
to leave the stable without considerable
coaxing; a poor horse to use in going for
the doctor when your grandmother is
dying.

A perfectly sound horse will seldom
favor any leg, unless tired, so he should
stand evenly on all fours. N^otice if he
is a cribber, which can generally be
found out by looking at the front teeth,
as they will be chipped off and uneven.
If a "windsucker,^^ this is a bad vice, for
the horse is continually placing his head
on the manger and drawing wind into
the stomach; look for marks of a strap
around the neck. At times a horse is so
much addicted to this habit that when

removed to a box stall, where there is
nothing to rest the head on, he will put
his head against his foreleg.

Another habit is "weaving/^ rocking to
and fro without moving hind quarters.
Observe also if he "stands over/^ which
is resting the heel of one hind foot on
the front of the other, leaving de-
pressions or scratches on hoof. When a
horse is ''breeding spavins," as it is
termed, he will shift the weight from
one hind foot to the other.

Dealers will rarely bandage a horse^s
legs unless necessary, as the marks of the
bandages are evidences of weakness.
However, in many private stables, the
horse^s legs are bandaged after exercise,
rather as a matter of custom than of
necessity. Trotters and horses doing
fast work will generally be bandaged, not
only to keep the ankles from swelling,
but to strengthen them. So one must be
guided by circumstances.

10

CHAPTEE II.
The Trial.

When the horse is being harnessed,
notice if the groo-m uses any precautions.
I have seen him give the horse a lump of
sugar and afterwards ascertained that
the horse was apt to balk when leaving
the yard, or sometimes in the case of a
very high strung and nervous horse, a
lump of sugar with a few drops of some
quieting drug had a wonderful effect in
keeping him from jumping towards the
sky. At all events this practice is never
indulged in without some reason.

Insist upon driving yourself, and in
spite of the trained groom^s continuous
desire to get back to his work (which is
always in arrears when you are trying to
find out whatever you can by a long
drive) go out for a good drive, as it is the
only way to judge of the horse^s actions,
manners and endurance, and ascertain if
he shies or is easily frightened, and how
he is bitted and trained. Some horses,
while perfectly broken to a curb bit, will
balk or behave badly with a snaffle bit, and
vice versa. The same is true when being
used mth English or round collar, and a

11

Dutch or breast collar. It is well, there-
fore, to try both. A bad trick is bolting
or kicking when the reins get caught
Tinder the tail, or when leaving or coming
into the yard. If for saddle use, it is
best to mount by yourself, as frequently
a horse will rear up, plunge, back or jump
around, if not held by the bridle.
Bronchos and other horses often "buck,^^
and send you over their heads in a heap,
a very unpleasant occurrence when your
best girl is watching. So it is best to let
the groom ride him first and then you
can see how the horse looks and acts.
As the saying goes, "You can cut fine
strips out of another man^s leather.^^
Or, in other words, let someone else have
the first experience. Upon your return,
if the horse has suited you so far, pre-
tend to watch another horse in the stable
and occasionally glance at the one you
tried, to see if he favors any leg or ap-
pears tired out, but if the dealer sees
you are watching any particular horse,
he will keep touching him with the whip
to make him "stand up.^^

At times you will come across a horse
that will only drive double on one side of
the pole; or, when saddled, can only be
mounted on the near side.

There should be no variation in the
gait, both front legs should be raised

12

and strike the ground in the same
manner, which is also equally true with
regard to the hind legs.

Always try a horse without the check-
rein, as this will sometimes, if he is
checked very high, almost hide a slight
lameness, and it certainly makes a horse
step out better.

13

CHAPTER III.

Examination of Head, l^eek and Back.

Look at the top of the head for poll-
evil, which is an abscess, caused by dis-
ease of the bone or from a blow. Dis-
eases of the ear are infrequent and are
noticeable as the horse shakes his head or
objects to his ear being felt and objects
to the collar or bridle being put on, but
fortunately deafness is seldom observed
in horses.

The eyes, of course, should be exactly
the same and free from specks and not
cloudy or whitish.

Some horses have what is called a
"watch eye.^^ It is also called a pearl
eye, and the eye instead of being dark, is
whitish, but I do not know that it does
any particular harm.

Also in some horses part of the white
of the eye is exposed and by many it is
thought to indicate an ugly temper, and
while this may have no special signi-
iicance, it seems to me to denote a spir-
ited, fearless disposition.

Moonblindness — this, perhaps, is the
most frequent and serious disease of the
eye, and may be discovered by a profuse

14

flow of tears and the eye is dim and
cloudy, and the edge yellow. The eye-
lids should not be red or swollen. If the
cornea has a yellowish tinge, the horse
is suffering from liver disease or the
yellows.

In moonblindness, the horse very
often carries the head on one side, with
ears erect, as though listening.

Horses with any affection of the eyes
are sometimes called "buck-eyed.^^

Often one or both the eyes will be
circled by a whitish ring, caused by a
blow or bruise on the eye, but this is not
at all harmful.

Pinch the nostrils together for a short
time so the horse cannot breathe, and
when the fingers are removed, the horse
will snort, and if he blows out any thick
mucuous, he probably has a cold. There
should be no discharge or running from
the nose.

In glanders, which is incurable, the
mucuous is fetid, and streaked with blood
and there are enlargements under the
jaw and sometimes a bloody dischara^e
from the nostrils, especially from the
right one.

In liver disease the inside of the lips
and nose, as well as the eye, is of a j^el-
lowish tinge, instead of a pale pink. If
the inside of the nose is of an increased
red, it shows some excitement of the
svstem; a streaked appearance, inflam-

15

mation; pale ground, with, patches of
vivid red, subsiding fever; paleness ap-
proaching to white, debility; and dark
livid color, very low condition.

The teeth should be even, so that the
horse can grind his food properly.
Horses whose teeth are uneven loose
flesh rapidly without any apparent cause.

If the breath is offensive, he is prob-
ably suffering from indigestion or dys-
pepsia, or from ulcers from bit; in the
former, white marks appear on the
tongue and sides and top of the mouth.

A horse is said to be "parrot-mouthed^^
when the upper teeth project over the
lower ones, and the teeth of both jaws
become very long. Horses with this de-
formity have much trouble in grazing.

Another affection is called "lampas,^^
the mucuous membrane swells and pro-
jects behind the upper front teeth. It
is said to arise from slight disorders of
the stomach, and at times interferes with
mastication.

If horses "quid^^ their food or slobber,
or show pain in eating or drinking by
holding the head to one side, their teeth
should be examined.

The tongue also should be carefully
looked at, as sometimes it is badly cut by
the bit or sore from the same cause. I
once saw a horse whose tongue was al-
most cut through by the bit and about

16

three inches of it had to be removed, but
after it was healed up, he seemed to get
along just as well as before and suffered
no inconvenience.

In distemper or strangles, usually in
young horses, a swelling appears between
the lower jaw bones. Also a hard lump
or swelling is sometimes seen on the
windpipe just below the jaw.

Look under the tongue for wounds
from the bit. Occasionally in pullers, a
wound will be made by a curb-bit almost
through the jaw. In such cases, and
others of the mouth, there is generally a
flow of saliva from the mouth.

"Scald mouth'' — small, hard lumps,
caused by chain on the curb-bit, on the
under part of the lower jaw. It seems to
do no harm, but it is a blemish.

A few horses have backs that curve
outwards and are called "roached-
backed.'' It is hard to keep a saddle
from slipping forward, and their backs
are liable to gall. They generally over-
reach, and carry their heads low.

The neck is, especially under the mane,
the place to look for mange. It also ap-
pears on the head. The throat and
windpipe should be free from lumps and
swelling.

A lump is often seen on the withers
and is called a fistula; they also appear
on the shoulders and the poll (poll-evil),
and in the foot (quittor).

17

Fistulas are generally deep-seated and
hard to cnre. If the horse is strained in
the back or has any kidney trouble, he
will bend or droop when pressed on the
back over the kidneys; or if driven and
suddenly stopped, he will arch his back
and throw the hind legs way nnder him;
and when ridden, will scarcely lift his
hind legs; he also tnrns with difficulty.
Such horses are only good for very light
driving, and even then are unsatisfactory.
Dealers term these horses "kidney-
droppers.^^

Every sound horse will yield more or
less to pressure on the spine, but will not
evince pain, as in the case of a strain.
Straddling gait is another sign of kidney,
or bladder trouble.

Notice if the hips are level or not, and
whether one side is more prominent than
the other. Kot long ago I saw a horse
whose left hip cap was gone, and upon
inquiry, found out it had been knocked
olf when he was very young in rising in
the stall. There was no scar or any
lameness, he was a handsome horse, but
only brought $15.00 at auction.

Surfeit is a disease of the skin appear-
ing in the Spring in fat horses, and is
known by lumps about the size of a pea,
covering the body.

Warts are generally seen in young
18

horses, and appear about tlie head, lips
and beneath the belly, bnt may develop
on other parts of the horse.

"Sitfasts" are sores from badly fitting
harness and nsnally appear on the back
nnder saddle or on the neck or nnder
breeching.

The coat should be sleek and healthv:
the horse is said to be hide-bound when
the skin appears to adhere to ribs and
the coat is rough and unthrifty. Often
the horse that is quartered in a cold
stable without blankets, or one that has
received no care, will have a rough
staring coat, but may be perfectly
healthy.

Boils may appear on any part of the
skin, but are especially common on the
lovrer part of the li'mbs, on the shoulders
and the back.

^''Bishoping^^ is an operation practiced
on old horses by cutting off their front
teeth in order to give them the appear-
ance of a young horse. I believe the
teeth are first cut off, then holes or cups,
as they are called, are drilled in them,
and finally nitric acid is put into the
cavities to cause the black appearance in
the centre of the teeth usual in young
horses. This operation should never be
misleading, as the other indications of
old age are very apparent and will be
described under another head.

19

CHAPTEE V.
Examination of Fore Legs.

When examining the fore legs, look at
the horse from the side, and notice if he
has a shoe-boil ; that is, a sac at the point
of the elbow containing fluid, caused by
the heel of the shoe resting against the
elbow, or from the cannon bone being
very long, or the heel of shoe being too
much elongated, or from the way in
which the horse rests. It is unsightly,
and very apt to return if removed, par-
ticularly if there are predisposing causes.

Some horses are such old stumblers
that in falling they receive cuts on the
nose and head. After passing your hand
over the knee or other suspicious spot, to
see if there is a scar or swelling, notice
if it smells of liniment; or push back the
hair and see if the skin is blistered or
warm, indicating inflammation, and the
hair over the injured part is almost al-
ways somewhat curled, but the scar may
have been concealed by applications of
different colored ointments or other
coloring matter to suit the color of the
hair.

20

Arched knees are those inclining out-
ward and are good for work horses, while
the reverse is called "calf-knees/^

Swelled tendons can easily be discov-
ered, as the leg is stiff (if it has not heen
well rubbed with liniment) and the ten-
dons are much thicker than usual.

Sometimes a horse that has been badly
foundered or improperly treated for
founder, Avill be left very stiff in the legs,
causing him to strike his ankles, which
sooner or later become enlarged and
callous on the inside, so that boots are
necessary.

A bony enlargement or growth, usually
on the inside of the fore leg, generally
mid-way between the knee and pastern
Joint, is called a splint, and while not
considered unsoundness, by many, it is
best not to buy a horse thus affected, un-
less you are sure it is not caused by
faulty confirmation or the other good
points, or price overbalance this blemish.

Frequently, when a horse is run down,
from whatever reason, he will "throw^^ a
splint, which will nine times out of ten
cause lameness, until it has gotten its
growth, after which it may not trouble
him further. Young horses often have
splints, but they seldom are of a serious
nature, unless on the tendons.

When you suspect a horse of hitting,
put a little hoof dressing or chalk on the
inside of the hoof, and if he strikes it

21

will leave a mark on the opposite ankle;
or watch closely as he approaches yon. A
horse that interferes is ohvionsly unfit
for saddle, as he is liable to fall on his
knees.

Interfering is generally due to faulty
confirmation and the parts where the
horse hits are swollen and tender. In
trotters, it is seen by occasionally stum-
bling or unsteady gait. Sometimes one
leg is a little colder than normally, and
I believe this is often so in rheumatism.

In liver diseases, there is a lameness
in right fore leg or shoulder. In shoulder
lameness, the horse steps long with the
sound leg and short with the lame leg,
and the very reverse in strains of the
flexor tendons.

Navicular disease is often mistaken
for shoulder lameness. In the latter, the
horse rests the toe on the ground, and if
the leg is pulled forward, he will evince
miuch pain. A horse is said to be
"knuckled^" when the pastern becomes
more nearly perpendicular; it is also
called "cocked'^ ankles, and predisposes
to stumbling. Horses with erect pasterns
are prone to knuckle, especially in the
hind legs. Weak or sprung knees are
verv noticeable, as the leg inclines
slightly forward and the leg will very
often quiver when the horse is standing.

"Wind galls are puffs on the ankles.

22

Sprained ankle, generally in fore legs,
is occasioned by a misstep, stumbling or
diseases of leg or foot. Sometimes in a
slight sprain there is no lameness, but
only a little soreness, but if badly
sprained the joint swells and is very
feverish.

Eingbone may appear in either the
ankles of the front or hind legs, and is
often very hard to detect, unless there
be lameness. When in the fore ankle,
while the horse is in action, the heel is
placed on the ground first, but in the
hind leg the toe strikes the ground first,
as it does in a sound leg, but in both
cases the ankle is held as rigid as pos-
sible. Coarse-bred, heavy horses, or those
with upright joints and with small feet
and high action are oftenest subjects. In
well-bred horses, it usually appears in
the hind ankle. The predisposing causes
are high calks on the shoes and shorten-
ing the toe too much in shoeing. Grease
is an affection of the heels and is easily
discovered on account of a sore and by
the fetid odor coming therefrom, usually
in hind legs. It is most common in
coarse-bred horses.

Scratches or cracks running trans-
versely on the hollow of the heels are very
troublesome in cold weather, as they are
apt to open each time the horse goes out.
23

A horse is said to be "groggy" when
there is a knuckling of fetlock joint or
tottering of whole of leg, or unsteady
gait in the front legs.

^N'eurotomy is the name of the follow-
ing operation, also called "nerved" or
"unnerved," which consists in cutting
out the principal nerve of the leg for the
purpose of destroying the sensation of
foot in cases of acute lameness of that
part, arising from incurable diseases,
such as navicular disease. When this
has been done there will be a 'mark of a
cut some inches in length and a little be-
low or above the pastern joint.

If you suspect this, run a pin into the
skin above the coronet, and if the horse
does not manifest any great degree of
sensibility, set him down as having been
nerved. Horses nerved may work well
for years, but at other times the hoof
■perishes and drops off!

There will often be a scar or the hair
turned back on the front ankles, caused
by too little or no bedding.

24

CHAPTER YI.

Examination of Fore Leg.

The feet should be the same size and
equally cool, circular and gradually in-
creasing in size as they proceed down-
wards, the sole concave and the more it
approaches to flatness the more tender
the foot. N'otice how much better a flat-
footed horse travels on sof e ground. The
frog projects inwards and forwards,
somewhat in the shape of the letter' V.
It should be spongy and elastic to admit
of spreading of the heel. The foot if it
slopes very much forward, it is a chance
if it be not bordering on disease and its
obliquity throwing the horse too much
on his heel produces tenderness of the
part and straining of the back sinew of
the leg.

If the front and sides of the feet be
marked with circular depressions run-
ning parallel to the coronet, it is almost
certain that the horse has been founder-
ed, in which case he is generally left stiff
and sore, depending upon the severity of
the attack, and the pro-mptness of the
treatment. At times, however, the horse

25

is left none the worse^ and is as useful
and supple as ever. See that the position
of the feet is correct.

Club feet are those whose walls are al-
most upright, in which case the heels
are high and the ankle joint is thrown
forward and the weight of the horse is
pnt on the toes.

Horses are said to be "pigeon-toed^^
when the feet turn in or out, or are not
the same size, one side of the wall being
higher or lower than the other. Such
horses are prone to interfere and are gen-
erally very slow and "dish" when travel-
ing,— that is, when the foot is poised in
the air, it will twist to one side (out-
ward) at each movement.

Side-bones, generally in the front feet,
are often concomitant with navicular
disease, contracted feet, quarter crack,
ringbone, and wounds of the foot. Most
often in saddle horses and horses doing
fast or heavv work. The step is shorter
than natural and the toe of the foot first
hits the ground. The horse is stiif and
sore, but improves after exercise. There
is also great heat in the foot. Navicular
disease, commonly called coffin-joint
lameness, generally in fore feet, and
thoroughbred horses, yet no class is with-
out it. The disease is practically incur-
able and as the symptoms in the early
stages are very obscure, it is difficult to
detect. The horse may point the feet

26

while at rest and when put to work may
take a few lame steps and then travel
normally the rest of the day. Then
again he may be lame for some time and
after a rest over night be without signs
of lameness, bnt it may come on again
at any time. Intermittent lameness, if I
may nse the expression, finally becoming
chronic, seems to be the best explanation
possible.

Quittor in various forms is an affection
of the foot taking the form of an nicer
generally appearing on the heels and
quarters.

Thrush is a disease of the cleft of the
frog and is readily found on account of
the fetid smell emitted therefrom. It is
more often to be found on the hind feet
of mares and fore feet of horses and sel-
dom causes lameness, except jn old cases,
where the whole frog is diseased. In
the fore feet, thrush and contraction
usually are found together. Contracted
heels, generally in the fore feet, can be
discovered as the foot has loet its circu-
lar shape and the walls from the quarters
backward approach to a straight line, and
the foot is very dry and hard, the parts
towards the heels scaly, while fissures
more or less deep, may be seen at the
quarters and heels following the direc-
tion of the horn fibers. Contracted heels
are often recurrent with thrush, splint,

27

ringbone, canker, navicular disease, corns
and other diseases.

The horse with contracted feet, if he
goes sound, is better than another mth
open bnt weak heels.

The horse with contracted heels while
not lame except in advanced cases is
nsnally sore in the affected feet and in
the earlier stages he frequently shifts the
weight from one foot to the other, as in
the hind legs when "breeding spavins/^

Canker is a disease of the foot, attack-
ing the sole and the frog and generally
originates from an injnry. It may be
detected by the offensive odor of the foot,
and the thin discharge from the cleft
and sides of the frog and the rotting
away of the horn of the sole and frog.

Corns, generally in the front feet, and
most frequent and serious in horses with
flat soles and low, weak heels, the pre-
disposing causes are high heels on the
shoes, contracted heels, wide feet with
low heels, high knee action on hard roads
or when dry dirt or small stones collect
under the shoe, but in most cases caused
primarily by the shoe pressing upon the
sole or leaving the shoe on too long, will
often cause a slight lameness or
stumbling and shoes must be reset often.
Do not often occur in outside heel, as it
is of a stronger construction than inside
one. Corns are of a very common oc-
currence and are hard to get rid of, and

28

can be easily discovered by reason of
their red color, if it is not concealed by
hoof dressing or other dark coloring
matter.

Leaving the shoe on too long will often
cause a shght lameness or stumbling and
shoes must be reset often. Do not often
ocenr in outside heel as it is of a strong-
er construction than inside one. Corns
are of very common occurrence and are
hard to get rid of, and can be easily dis-
covered by reason of their rod color, if
it is not concealed by hoof dressing or
other dark coloring matter.

Wounds of the foot are usually caused
by a nail or other sharp object, and more
often happens to a flat-footed horse than
others.

Pumiced sole. Instead of the sole
being hard and firm, it is often, near the
toe, inclined to crumble. Most often con-
comitant with founder. The sole is con-
vex instead of concave, making the foot
particularly liable to bruises.

Sand crack is a fissure or crack in the
horn of the wall of the foot. They may
appear on any part of the wall. When in
front, they are called toe-cracks, on
lateral parts of the walls, they are known
as quarter-cracks. Toe-cracks are most
common in the hind feet, while quarter-
cracks nearly always appear in the front
feet. Small feet and very large feet are
most often liable. The predisposing

29

causes are contracted heels, and in those
where the toe turns out or inside quarter
turns under, heavy shoes, large nails set
too far back towards the heels and such
diseases as canker, quitter, grease and
suppurative corns. Fast work on hard
roads, jumping, blows on coronet, are
accidental causes of cracks. Lameness
is greater going down hill than up.

Much can be found out by looking at
the shoes, if the horse over-reaches, that
is, strikes the heels of the fore feet with
the toes of the hind feet, the ends of the
front shoe will be shortened and the
shoes on the hind leet set back. If he be
shod with a side-weighted shoe, he prob-
ably interferes. If shod with a bar shoe,
there is something faulty about the feet.
Often a horse having tender feet will be
shod with such a shoe and a leather pad.
Any variation in shoeing, therefore, must
be viewed with suspicion.

There is no use asking a dealer why
he is shod this way or that wuy, because
he will always have a ready answer, and
vou v/ill be no wiser than before, besides
showing him you are "green. "^

The fore feet are most likely to be
diseased and the hind legs are most apt
to be affected.

30

CHAPTEE YL
Examination of the Hind Leffs and Feet.

■'O'-

Many of the diseases and affections oe-
ciiring in the fore legs and feet are also
to be found in the hind legs and feet.

If the horse have straight hind legs,
he will not have mneh action. The same
is true of cow or "curby hocked^^ horses,
that is when standing, the hocks are close
together, inclining inward, and the feet
are turned out, the ligament is apt to be
sprained, which is called a curb. The
hind legs, like the fore legs, should be
flat. If the horse stands with his hind
legs much under him, it is a sign of weak
back and kidnev trouble. Spavin is a
disease affecting only the hock-joint.
Bone spavin is to be found on the inside
and in front of the joint, and is a bony
enlargement, most easily discovered by
looking at the hocks from in front of the
horse.

'^'Bog spavin,^^ so called, is found in
front of the hock joint and is a soft
swelling seldom causing lameness.

Blood spavin, so called, is about the
same as the above, but generally covering
the hock-joint on all three sides, namely,

31

front, inside and outside, and making the
leg look rounded, called "thoroughnin/^
When horses are "breeding^^ bone spavin
very often the lameness is believed to be
in the hip, as there appears to be nc-. en-
largement as yet of the joint. The horse
is lame on starting but after exercise he
will travel better, becoming lame again
after standing.

By the application of cocaine or other
drugs the pain may be alleviated tem-
porarily, causing the horse to us58 the
aifected ]eg^ almost as in the sound state,
or a strong blister around the joint will
sometimes stop the lameness, great care
therefore should be exercised when e:^-
amining this part.

The lameness will be more apparent
if the horse is ridden, as the shock on
placing the foot to the ground will be
greater, intensifying the pain, and there-
fore caasing greater lameness.

Curb is a swelling below the point of
the hock joint and is mo^st coiamon in
horses v/ith the hocks inclin'ng forward
(cow or curby ho'-k). Capped hock, is
a swelling on the point of the hock joint,
caused by kicking in the stable or in
harness, or from lying upon the bare
floor.

Strin^halt is known by the peculifi''
jerky motion of the affected leg and is

32

most easily discovered by backing the
horse, when the difference in lifting the
legs will be most apparent,often both
leers affected, even then very noticeable.
Bone spavin splint and ringbone are
practically the same, except that they
appear on different parts of the legs.

33

CHAPTER VII.

About the Wind.

How to judge of the wind is hard,
enough , but it is still more difficult to
describe the indications, so that they will
be comprehensible.

By pinching the wind p:'pe, thu^ njak-
ing the horse cough, and judging by the
sound of the cough is the way many rely
on. If after pinching the wind-pipe, the
horse gives one long, shrill cough, his
wind is supposed to be good, but if his
cough be short, hollow and easily excited
bv gently pressing the wind-pipe and
frequently repeated, he is set down as
having unsound lungs.

^ow place the horse against the wall
and hold his head up high and suddenly
give him a smart punch with the fist or
stick under the belly and if he gives a
grunt at each blow he is what is called
a "roarer"; but if after jumping from
the blows he receives, you hear him ^'sob-
bing,'^ as it were^ and drawing his breath
quickly, the chance is he is a "whistler."
Some "roarers" will not cough at all, so
either run him up hill or have him run

34

and stopped sliort and then listen if
there is any impediment in the breathing.

If the horse^s belly swell out and then
contract equally and regularly, his wind
will probaby be found to be good; but if
on the inspiration the retraction of the
belly and flanks appear, as it were, to stop
before completed and then to be for-
cibly continued, the flanks being very
much drawn in and the borders of the
serrated muscles of ribs rendered very
apparent, the horse is either absolutely
broken-winded, or "touched^^ in the wind.
Broken wind is also called "heaves" —
from the manner of breathing described
above — and to the experienced horseman
the peculiar movement of the flanks is
very apparent. The horse, however, does
not always manifest the peculiar breath-
ing unless exerted, the cough accompany-
ing the disease is also peculiar to it ; it is
short, not unlike a grunt.

Frequently a quantity of shot mixed
with tallow, this extraordinary as it may
appear, and difiicult as it is to account
for "nhvsiologically, will prevent the horse
from showing the usual symptoms of
broken wind for some time, though ob-
viously it cannot do the horse any per-
manent good, while it may injure him.

If you suspect the horse is doctored to
hide the indications, give him as much
water as he will drink and then run him
up hill if possible, and if his wind is not

35

good he will puff and blow and appear
very 'much exhausted. Eiding the horse
up hill as fast as possible is always the
best and surest way of testing the wind.

Some horses while not broken winded
will grunt, it being more apparent
coming down hill, especially if he can
get his head down. Wheezing is about
the same as whistling, and is caused by
enlarged glands or thickening of the
membrane of the wind-pipe. Such horses
are also said to be "thick-winded,^'' and
are left so from an attack of influenza,
distemper, etc., or from improperly
treating the same.

Thumps in a horse is analogous to
hiccough in man. Horses with, chronic
coughs will generally cough after drink-
ing cold water and in the morning, some-
times in paroxysms or only occasionally.

"Hi^h-blowing" is a habit and has
nothing to do with roaring. It is a
noise made by the nostrils and when the
horse is put to hard exercise, the noise
will cease, such a horse is called a 'Tiigh-
blower.^^

The long-necked horse predisposes to
roaring and, like humans so formed, are
generally weak. Extremely fat horses
with short necks have good wind, but
predisposed to congestion of the brain.
Not long ago I saw a horse die from this
cause and the coachman said "indi-
gestion^^ of the brain killed him.

36

A horse having a circular chest gen-
erally has '^thick" wind. The horse
whose wind-pipe is curved generally has
better wind than others. Round eliested
horses are said to be prone to heaves

Tracheotomy is a surgical operation
by which the treachea, or wind-pipe, is
opened. It is an operation that is re-
sorted to when the throat is stopped up
and admission of air to the lungs is ob-
structed. About six inches below the
throat is the place generally cut, and the
cut will have been about two inches
long.

37

CHAPTEE yill.

The Color as a Guide.

In horses of equal blood, not a little
seems to depend on the color, the dark,
chestnut is proverbially predisposed to
contraction. The majority of white
horses are those that have become so by
age. Silver-grey generally about four-
teen (14) hands, round carcassed, thin-
legged with oblique pasterns, seldom
sick, not fleet or capable of hard, work,
but good for a lady.

Iron-grey is usually larger, higher in
withers, deeper and thinner in carcass
and generally too long in the legs, mostly
carriage horses, have more endurance
than fleetness, but the feet are apt to be
faulty and liable to contraction and yet
not so often lame.

Dapple-grey is a handsome and better
horse. Perhaps the best of all the grays
are the flea-bitten greys, brownish
mottled, which seem to be especially
hardy and gentle.

Piebalds have no particular character,
but make good circus horses.

38

Chestnuts, if light, generally weak
and irritable; especially if there is white
on them.

Dark chestnuts generally powerful in
quarters, rather fme in the legs and
hard}^, and occasionally of a hot and un-
manageable temper.

Bright bay is least valuable and apt to
be balky. Dark ba}^, no white, and black
le^s, best generally, have good feet and
constitution. Bay-brown not so much
show and action but strength and en-
durance.

Black horses by many are especially
esteemed, as thev are sho^T', willing,
and generally have more or less speed,
although they are delicate and often
have faulty feet. They are, however,
usually high strung, nervous animals,
having a proud disposition and stylish
appearance, and as they carry the head
and ears well, champ the bit, and jump
around when touched with the whip, at-
tracting attention to the elegant trap-
pings and equipage, is all that people of
a certain class desire, irrespective of the
cost of new horses and doctoring.

Strawberry-roans have inurh the same
characteristics as flea-bitten greys. They
are hardy^ have plenty of endurance and
usually very docile and free drivers. As
buck-skins, calicoes, blue-roans and
others are seldom seen outside of a
circus, I will not describe their peculiar-
ities.

39

k

After all a good horse cannot be a bad
(jolor. Conformation is more important
than color.

It is interesting to note the different
dispositions of horses as indicated by
their color. It shows that a full black
horse never shies; black with white, sel^
dom shy; bay, may or may not; gray,
almost always; chestniit always.

This table was compiled diiring the
feai-ly days of bicycles, and at that time
was presumably more or less correct. A
list of military horses was drawn np by
an officer sometime ago with the same
idea, which conf ofms fairly well with the
above. The behavior of the white horse
on beholding a red-haired girl, is not
considered in the foregoing table!

40

I

CHAPTEE IX.

Points About the Horse.

Tinder this head I will endeavor to
point out specially good or had points
with reference to their adaptability for
certain uses.

Expanded nostril is a striking feature
of the blooded-horse, and the bright red
nostril denotes breeding and courage.

A horse is said to be "hare-eyed^^ when
the eyes are laterally prominent and such
a horse is usually looking behind to kick.

A horse at five years of age has forty
teeth, twenty-four are grinders.

influenza often leaves a horse
"touched^^ in the wind or "roarers.**

Horses with liver trouble are languid
and sleepy if left to themselves, but
ginger or salt in the mouth and the use
of the whip make them champ the bit.

Moonblind horses shy easily and some-
times swing around rather awkward if
hitched to a four wheeler.

Horses with feet turned outward are
liable to interfere and stumble and sel-
dom have good action.

L

41

"Pigeon-toed^' horses on bending the
knee dishes, are predisposed to stumbling
and interfering and generally very slow.

Flat-headed horses are liable to blind-
ness.

A heavy lop-eared horse is always un-
sightly and frequently a slug.

The horse whose wind-pipe is curved
usually have better wind than others.

Long-necked horses are generally
weak and predisposed to roaring, but
fat, short-necked horses have good wind,
but are prone to congestion of the brain.
Narrow chested horses are more subject
to broken-wind, while circular chests are
often indicative of thick wind. The nar-
row chested horses, however, being gen-
erally well bred, but predisposed to in-
terfering.

Horses with erect pasterns are pre-
disposed to knuckle.

Horses with shoulders well inclined
forward have generally better action and
safer for saddle. The back of the horse
should be short and rather arched over
the loins, having the tail set in rather
high. The body should be deep and well
ribbed up. Upright shoulder is better
for harness horse.

Horses having white feet and legs,
flat feet, seem to be specially liable to
canker.

42

\

White hair denotes thin skin, especially
in the legs and such horses are more dis-
posed to swelled legs and cracked heels,
as well as other diseases.

Horses with high withers usually have
good action and speed, but are generally
narrow chested.

Horses with high back bones or withers
are apt to be chafed by harness or saddle
and have sore backs.

In thoroughbred horses the direction
of the haunch is almost straie^ht. Cow-
hocks prone to curb; so often called
curby-hocks.

Ewe-necked horses are those whose
necks are hollowed above and arched
below.

The short horse is generally the best
for all round use and possesses greater
health and hardiness.

Saddle or sway-backed horses, that is
somewhat hollow-backed, are liable to be
weak, and get easily strained, but are
easy goers.

Blooded horses are particularly liable
to contraction because the foot is small
and disposed to become narrow at the
heel.

The easiest place to examine the beat-
ing of the heart, is immediately behind
the elbow on the left or near side.

A long ear well carried is a sign of
blood.

L

43

Short ribbed horses are the best, that
is, the last rib and huckle bone or hip
are near together.

The short quartered horse is particu-
larly strong and denotes good jnmper.

Horses with straight Mnd legs never
have much action; the same is true of
cow-hocked horses.

A full, swelling forearm characteristic
of every thoronghbred.

Signs of old age are grey hairs, par-
ticularly arotind the eyes and mouth;
thinness and hanging down of the lips;
sharpness of withers; hollow back;
lengthening of quarter; hollows over the
eyes. Some young horses, however, have
hollows over the eyes.

IsTever use a snaffle bit on a horse that
lolls his tongue, but a bar bit.

Horses with narrow jaws are usually
the ones that loll the tongue.

It is said that mares are less likely to
have colic than geldings, and are cer-
tainly hardier and have greater endur-
ance.

Generally in a team there will be one
very good horse, while the other will not
be so good or sound.

Firing a horse is never indulged in un-
less for some long continued lameness,
which would not yield to the ordinary
treatment.

The scars tell the tale.
Eheumatism, in the joints of the lege,

u

particularly if chronic, is very hard to
locate and often confounded with other
causes of lameness.

The pulse in a healthy horse heats
about forty times in a minute, but in
different horses may vary from five be-
low or above that number. In coarse
bred horses it beats less often than in
thoroughbreds.

The profile of a horse is supposed by
many to be indicative of temper. The
roman-nosed horse is usually a good tem-
pered, hardy beast, ready enough to feed,
but not always perhaps so ready to work,
but will do his duty if treated kindly.
He has no extraordinary pretension to
speed or blood.

On the other hand a depression across
the centre of the nose generally indicates
some breeding, especially if the head is
small, but occasionally accompanied by a
vicious uncontrollable disposition.

No surer criterion of a well bred horse
than a broad angular forehead, prominent
features and a short face.

Horses with little breeding have nar-
row foreheads and small features.

A spavined horse is stiff on starting.

In inflammation of the bowels, the
symptoms are much the same as in colic,
the horse rolls, paws, sweats and appears
greatly excited.

Horses with coughs will cough most in
the morning and after drinking water.

45

I have heard that a horse^s spirit may
be judged by lifting the tail, and there
seems to be some truth in it, as for the
spirited proud horse, considerable
strength is necessary, while the old or
spiritless horse without ambition, the
tail is easily raised. This is, however, a
somewhat dangerous pastime.

A horse that carries his tail high, es-
pecially if docked, is seldom mean, so it is
with the horse carrying the ears forward,
is usually well bred and "honest^^; while
the mean-dispositioned horse will scarcely
raise his tail at all. Old horses also
carry the tail close to the body very gen-
erally.

The front feet and hind legs are most
often diseased.

ISTotice how a horse is shod, as often-
times this will disclose faults.

Polo ponies, on account of the twisting
about they get in the game, have fre-
quently shoulder lameness, sprained
backs, etc.

A good judge of a horse will never ask
questions, but rely on his knowledge of
the horse for his conclusion.

It is very hard to lay down a rule for
establishing the value of horses, for a
horse unsuited for one purpose may be
well adapted for another.

For instance, a badly scarred horse,
46

perfectly sound, would not bring much
as a carriage horse, but might be "just
the thing" for farm work.

The saddle is hard to keep from slip-
ping back on what is called a "shad-
bellied" horse. He is also described as
having a sloping barrel.

Cowboys refer to vicious horses as
being "smoky."

Branded horses sell for less than those
free from such marks, and many will
not buy them at any price. As they are
Western horses, broken and roughly
handled by cowboys, many of them are
triekv, mean, and untrustworthy; and
as I heard a man say, he would not buy
a mustang because he had to break him
every time he "hitched him up !"

47

CHAPTEE X.

Tricks of the Trade.

In no business, perhaps, are there as
many tricks and devices used to take in
the unwary. It has been said, and with
a good deal of truth, too, that one
brother will cheat another when selling
a horse, and indeed no one seems ad-
verse to disposing of an unsound horse
to the unsuspecting at the price of a
sound one. The custom then appears in
horse trading to be "do your neighbor or
he will do you V

If I were to write about the tricks and
methods employed by low dealers and
others, I could fill a large volume, so I
must confine myself to the more impor-
tant and most frequently used devices.

In certain Sunday newspapers are
many seductive advertisements, statins:
that on account of the death of the
owner, the heirs are selling for quarter
value the contents of his stable, or it may
read, "lady going abroad,^^ "^T^usiness re-
verses,^^ "giving up driving,^'' or a dozen
other fictitious reasons, but in almost
every case the proprietor of such a stable
is a dealer, whose face is seen at every

48

auction, and who generally makes yon
pay dearly for your experience, in spite
of the fact that the adyertisement may
state "No cash offers refused in order to
effect immediate sales/^

These fellows haye liyeried men in the
stables and seem to be exceedingly pros-
perous. They generally purchase yery
cheap horse goods and harness which are
gotten np showily but wear yery poorly.

A case came under my notice not long
ago, where the yictim desired to purchase
an English saddle and bridle, so he has-
tened to one of these stables, fearing he
would lose a rare opportunity to get what
he wanted at yery attractiye figures. The
man in charge showed him a yery cheap
outfit and had the effrontery to ask $45,
and appeared entirely indifferent whether
he sold the saddle and bridle or not. At
all eyents, after haggling for some time
(the purchaser was a Yankee), he bought
them for $17.50, and eyen then he paid
too much by about $9. Of course they
moye around frequently and change the
wording of the adyertisement often.

A friend of the writer^s bought at auc-
tion, not long ago, what appeared to him
a fine work horse for $75, haying the
usual guarantee as to soundness, wind
and so forth, and forty-eight hours trial.
He worked the animal moderately iind
was 'much pleased with his purchase,
when on the third day, or shortly af^er

49

the expiration of the warranty, the
horse dropped dead in harness, and snch
was his low condition that dev omposition
set in almost immediately, althoii^h tlie
day was cold. He had been sufficiently
drugged to "keep him over" the two
days.

1 have in mind another gentleman who
bought a horse "at the halter" for a mere
song, that is, without a trial of any sort,
which he intended to use as a family
horse. He rode him home and gave
orders to have him harnessed to the car-
riage the next morning. As soon as he
had been harnessed he lay down (this
sort of horse is called a "jibber"), and
coaxing and persuasion were all to no
avail. He refused to get up until the
harness had been removed. Of course
he was taken back to the dealer, who
said blandly, "Bless your heart*, did I not
say yesterda}^ that it would do you good
to see that horse drive?"

However, he was a good saddler and
the new OA^nier disposed of him ^or that
purpose. The excuse the dealer gave
for not having him harnessed, was that
all his harness was in use.

A common trick is, if you nppear very
anxious to buy a certain horse, but do
not wish to pay quite as mMch as the
dealer asks, to have a confederate on
hand who purchases the horse and then
tries to sell him back to you for a few

50

dollars more, or who is willing to take
him if you do not. Again, if you have
tried one of his horses and apparently
like him, and promise to let Lim know
the next day if you want him or not, he
will have a man come in while you are
talking and ask if the horse is ready to
he taken away to so-and-so who wants to
try him for a few days, and naturally this
ruse makes you give an answer at once.

If you seem to him especially green or
-anxious to get a particular horse, he will
pay little attention to you, making out he
does not really care to sell this horse, as
"he is the horse all my lady customers
insist upon driving,^^ and ask you two or
three times as much as he would gladly
take, and if you make him a counter
offer in excess of his real price, he is too
much of a philosopher to show any de-
light, hut laughs at you, or perhaps offers
to "split the difference/^ They are keen
judges of human nature and very clever
salesmen and profit hy it accordingly.

On the other liaiiu, if you try to dis-
pose of a horse to him, he will not care
to huy any more, as "the business has all
peted out, since the introduction of
trolley cars and bicyeles,^^ or perhaps he
will say, "he has twenty or thirty horses
laughing out the door at me now!^^ or
that it is not a horse that could be readily
disposed of, and be kind enough to point
out every blemish real or imaginary.

51

Trading or exchanging horses is also
very profitable to the dealers, as they
will, nine times out of ten, allow yon very
little for your horse, although he may be
a good animal, and ask a big price for
their^s, or allowing you apparently a fair
price.

If a horse has a quarter crack they will
fill the opening with rosin and then paint
the hoofs either with ointment or foot
dressing, so that the fissure is almost
obscured. They will use dye or axle
grease to change the color of white hairs,
or to make a horse a solid color.

I have heard that in order to give a
horse high knee action they will blindfold
them and check up their heads very high,
then drive them over uneven ground, so
that the horse must step high for fear of
stumbling. Also they will ride him over
bundles of straw, thus making the horse
step very high.

After several lessons and plenty of
ginger, they -may appear on trial, as very
high steppers, but soon lose the high
action.

I knew a person who sent in his mare,
a young, sound, well bred, high spirited
animal, to a certain sale taking place
after the horse show in ^ew York City,
and as he then had perfect confidence in
dealers, he did not bother to attend the
sale or have any one to represent him,

52

and as he received no word from the firm
who had the sale, wrote them inquiring
as to the disposition of his mare, and, to
his utter astonishment, received a reply
to the effect that as the horse was not
sold at the sale, they would have to
charge the usual commission, which was
$15, as the "expenses were very heavy,^^
and twenty-three days board at $1 a da}^,
making $38 in all.

The mare came back almost irreparably
wrecked in health and had the appear-
ance of a horse who had pleniy of work
and no feed.

53

CHAPTEE XI.

Legal Points on Buying a Horse.

The foregoing chapters deal entirely
with the purely physical and material as-
pect of a horse sale, and this volume
would scarcely be completed unless some
references were made to the strictly legal
side of the matter.

The sale and purchase of a horse may
well involve as many and as complicated
phases of law as the sale of any other
chattel, and it is a matter of record that
more law suits grow out of horse sales
than from the sales of any other chattels
or things with which we have to do in
our every day lives. The reason for this
is a very simple one, the horse is very
seldom sold except on certain representa-
tions or warranties on the part of the
vendor, and it is when these representa-
tions are false, or there is a breach of
warranty, that the trouble ari-es

When a vendor makes a simple state-
ment that he will sell a horse for a cer-
tain figure, and the vendee pays the price
specified, there is no warranty except
that of ownership, the vendor is pre-
sumed to have the right to sell, but the
vendee buys entirely at his own risk as

54

to the value or qualities of the horse pur-
chased. Should the horse prove value-
less, he has no redress.

As a general rule, however, when one
person is desirous of selling a horse to
another, he is very apt to make state-
ments in regard to the animal, the effect
of which will be to induce a sale, and
when these statements are material, and
are the basis on which the horse is sold,
then any falsehood or misrepresentation
is actionable, and the vendee has his
remedy at law.

It is not the purpose of the writer to
enter into a lengthy treatise on the sub-
ject of the law governing horse sales, for
to go properly into the subject would re-
quire a whole volume.

The present chapter will be confined
entirely to a very brief synopsis of the
law as regards breach of warranty and
fraudulent representations.

First as regards a warranty. The re-
presentations upon which the warranty
is founded can be made at any time dur-
ing the negotiations, but at the time of
closing the bargain it must be evident
that these representations entered into
the bargain and were one inducement
to it.

Again. Since a warranty is considered
at law a distinct contract, it follows that
a warranty made after the bargain has
been closed, must have a new and dis-

55

tinct consideration. . If, therefore, A sells
a horse to B and at some time subsequent
B asks A to warrant the horse, and A
does so, this warranty is ab.ioliitely value-
less, unless B pays A something for it.

A warranty may be expressed in words
or signs, written or spoken, may be
limited as to time or to specified vices or
diseases, or in any other manner, the
only question being the intent of the
parties, and this is a matter of proof.

In purchasing a horse v/hich is war-
ranted, the vendee should by all means
secure so-me memorandum in writing to
that effect signed by the vendor, not be-
cause it is absolutely necessary, but be-
cause it is so easily susceptible of proof,
and because it will go a long way in keep-
ing him out of court. No one will will-
ingly enter into litigation when he knows
that the evidence of his own signature
will be used against him.

In buying a horse from an agent; the
vendee should remember that unless he
is sure that he can prove the agenfs au-
thority to warrant the animal, that a war-
ranty though given may be valueless;
there are certain cases in which this au-
thority will be implied, for a principal as
bound by the acts of his agent, which he
knowingly allows him to commit as such,
and if, therefore, the vendee can prove
that the warranty given by the agent was
with full knowledge and consent of the

56

principal, he can hold him thereon. The
safest course would be to get the war-
ranty from the principal direct.

A breach of warranty does not of
necessity involve fraud, in other words,
it is entirely immaterial whether the
vendor knew of the existence of the dis-
ease or vice, or whatever it may be, he
warranted against. A vendor may, in
absolute good faith, warrant a horse, and
still be liable, if there prove to be a
breach of warrantv. His good faith in
the matter is absolntelv no defense.

In a very recent case in the Supreme
Court of New Jersey, decided [N'ovember
9,1903, the Court said:

"It is safe to assert that no ease can be
"found in this country, or in England,
"where the declaration courts upon the
'T3reach of an absolute contract of war-
"ranty, in which it has been held that
"plaintiff must prove the screnter.^^
(knowledge of the vendor).

A general warranty does not usually
extend to defects apparent on simple in-
spection, requiring no skill to determine
them, nor to defects known to the buyer^
for the reason that the warranty could
not have operated as an inducement to
the sale. In the purchase of a horse,
therefore, which has something appar-
ently the matter with it, one which per-
haps may be considered only temporary,
the vendee should be very careful to

57

have the warranty SDecifically cover the
point, otherwise he may meet with the
above as a defence when he brings his
action.

The second cause for litigation growing
out of horse sales is fraud.

"Fraud is every kind of artifice em-
ployed by one person for the purpose of
deceiving another.

The chief essentials of actionable
fraud are as follows: —

1. The false representations or artifice.

2. The knowledge (scr enter) of the
vendor.

3. The deception of the vendee.

4. Party deceived must be damaged
In other words, there must be first a

false statement or renresentation. The
vendor >must have full knowledge of its
falsehood (when the law will imply an in-
tent to deceive), the vendor must rely
on the truth of the same, and in so rely-
ing suffer damage.

If a vendor makes a representation
which he does not know to be true, such
as to say that a horse is capable of trot-
ting a mile in a certain time, when he
has absolutely no means of knowing
whether it can or cannot, his ignorance
is wilful, and will not excuse him.. But
an honest statement of opinion given
purely as such is not actionable.

Again, if a statement or representa-
tion is made respecting a horse, and the

58

vendee puts it to the test, tries the
horse, or has others try it for- him, has a
veterinary examine it, etc., showing that
he has placed no faith in the representa-
tions, then he cannot set up his deception
by the vendor, and has no action if he
afterwards purchase the animal, and
finds he has made a had bargain.

Lastly. He must suffer damages for it,
it is an old maxim that works both ways
— "Fraud without damage and damage
without fraud, gives no cause of action/^

In conclusion, somewhat should be
said as to the course to be taken by the
party injured by fraud. As a general
rule, the buyer will, on discovery of his
injury, have a right to rescind the con-
tract, return, or offer to return, the ani-
mal, and recover the amount paid. This
he must do within a reasonable time. Tn
case of breach of warranty he need not
return, or offer to return, the horse, but
may sue for damage on breach of the
contarct of warranty, and the measure of
damage will be the difference bet\veen
the real value established by evidence
and the price paid.

In one case, fraud, the action is in
tort, and in the other, for breach of war-
ranty, on contract.

In any case, however, the wisest
course for a person who finds he l.^as
been injured in any way, is to go at oi.ee
to a reputable attorney for advice. The

59

laws of the various States differ to a cer-
tain extent, and the scope of the present
work is too limited to admit of a full
treatment of the various procedures at
law. No layman can moreover manage
his own case without grave risk of
failure, and of throwing away good
money after bad. Get the best legal ad-
vice attainable, and act on it at once.

The purpose of this chapter is ^merely
to point out in a general way the chief
causes of litigation, so that they may be
if possible avoided, and to so direct the
reader that he may, if injured in spite of
using every care, be in a good position to
seek redress at law. The best advice that
the writer can give is this : Be as careful
as possible with whom you are dealing,
have every phase of the contract mutually
understood, and have the contract of
warranty in writing if possible. The
more care taken before the purchase, the
less chance there will be for litigation
afterwards.

60

TIME* PUBLISHING CO.
ELIZABETH, NEW JCRSE1