174 



PLEADING, EVIDENCE AND DAMAGES. 



Proof of Rescission 192 



Froof of Tender id. 



PleadinCt and Evidexce fok the 

 Defendant. 



AdmissioJis hy Plcadinrj 192 



What must be speeialhj lAeaded . id. 

 Hpceijic Denials must be made . . 193 



Denial of Contraet id. 



Allegation of Maliec, 'S;c id. 



Defence for Detention of Goods . id. 

 Defence for Goods bargained and 



sold, and for not accepting . , id. 

 Defence in an Action for not 



delivering 194 



Where Evidence of Usage of 



Trade is not admissible id. 



Defence for Goods sold and de- 

 livered id. 



Defence to Action o)i a Cheque 



for the Price id. 



Evidence in Redaction of 



Damages id. 



Defence for Residue of the 



Price 195 



Defence for Money had (end re- 

 ceived id. 



Defence to an Action on a Breach 



of Warranty id. 



A surreptitious Warranty . . id. 

 Condition annexed to a War- 

 ranty 196 



Evidence in Reduction of 



Damages 197 



Defence to an Action for Frau- 

 dulent Representation id. 



Disputing the Warranty id. 



Disputing the Unsoundness, ^-c. . id. 



Subsequent Recovery 198 



Competency of Witnesses id. 



Damages. 



General Damages 198 



Special Damages id. 



Legal and natural Consequences 



of Breach of Contract id. 



Judges to direct Juries as to 



Rules of Damages 199 



Damages arising from special 



Circumstances 199 



Effect of Notice 200 



J)ai)iagcsfor wrongful Conversion 201 



Damages in tort id. 



In Actions for a, Sum certain . , id. 



Interest 202 



17 % 18 Tict. c. 90 id. 



In Actions which sound in 



Damages id. 



A foolish Bargain 203 



Ayi impossible Contract id. 



Cannot be higher than the 



Amount laid 204 



In Croods bargained and sold . . id. 



In an Action for not accepting . . id. 



In an ylctionfor not delivering . id. 



Nominal Damages 205 



In Goods sold and delivered .... id. 



In Money had and received ... . id. 



On Breach of JUarranty id. 



General Rule id. 



Where the Horse has been 



returned id. 



Where the Horse has not been 



returned 206 



Where the Horse has been ten- 

 dered id. 



E-cpense of Keep id. 



Seller liable for reasonable 



Keep 207 



What is reasonable id. 



Keeping the Horse till a Fair 208 

 Expense consequent on the War- 

 ranty id. 



Expense in Selling 209 



Expense in advancing the 



Horsc^s Value id. 



Horse tendered, and then sold 



by Auction id. 



Expense of Veterinary Certi- 

 ficate and CounseVs Opinion id. 



Travelling Expenses 210 



loss of a good Bargain id, 



Re-selliny icith a Warranty .. id. 

 Damages for Misrepresentation id. 

 Where the Damages are very 



small 212 



Executory 

 and executed 

 contracts. 



PLEADING AND EVIDENCE FOR THE PLAINTIFF. 



Where you proceed for a breach of an executor// con- 

 tract, you must rest on the contract itself ; but when the 

 contract has been cxfciifcd, you proceed on the promise 

 implied by law {a) . 



(a) Per Lord Campbell, Lour v. London and North Western Rail. Co., 

 21 L. J., Q. B. 3G3. 



