380 THE ADVENTURES OF A GENTLEMAN 



nally important to them, to refer to the cases of 

 Baldwin v. Dixon, 1 Moody and Robinson, 59 ; Lar- 

 balistier v. Clarke, 1 B. and Adol. 899 ; and Morish 

 V. Foote, 8 Taunt. 455, quoted in the note on the 

 report of Bliss v. Mountain. 



Since it has been established by the cases already 

 quoted, that, in the absence of an express stipula- 

 tion, a purchaser shall not be at liberty to return if 

 unsound, but shall only be entitled to recover dama- 

 ges in an action upon the warranty, it becomes of 

 double importance to ascertain the extent of the 

 damages which he may recover. 



In the case of Caswell v. Coare, 1 Taunton, 566, 

 which is a leading case upon this subject, it was held, 

 that " upon the breach of the warranty of a horse, 

 if the horse is returned, the measure of damage is 

 the price paid for him ; if the horse is not returned, 

 the measure of damage is the difference between his 

 real value and the price given. If the horse is not 

 tendered to the defendant, the plaintiff can recover 

 no damages for the price of his keep." 



The warranty and unsoundness were proved ; but 

 no tender had been made of returning the horse to 

 the defendant. After the trial, the horse being still 



