184 



PLEADING, EVIDENCE AND DAMAGES. 



Statement of 

 the Damasre. 



Proof in 

 Goods bar- 

 gained and 

 sold. 



Proof in an 

 action for not 

 accepting. 



Meaning of 

 readiness and 

 ■willingness. 



the Breach may in general be assigned in the negative of 

 the words of the Contract ; and therefore it is not neces- 

 sary that the particular description of Unsoundness should 

 be stated (p). 



In order to recover Special Damages it is necessary 

 that they be explicitly stated in the Statement of Claim, 

 so that the defendant may be prepared to dispute the facts. 

 But Damages which necessaribj, and by implication of lan\ 

 ensue from the non-performance of the contract, need not 

 be expressly detailed, and are recoverable under the com- 

 mon conclusion of the Statement of Claim ((7). 



Where the plaintiff brings an action for the price of his 

 Horse as Goods bargained and sold, he must be prepared to 

 prove such a Contract of a sale (r), made by him to the 

 defendant and completed, as was sufficient in law to vest 

 the property in the defendant. For instance, where the 

 price is 10/. or upwards, the plaintiff must prove that some 

 requisite of the 17th section of the Statute of Frauds has 

 been complied with (s). And it will be necessary to show 

 that a specific price was agreed upon (/) as part of the 

 contract. 



Where the plaintiff brings an action for not accepting 

 the Horse he has sold to the defendant, and a plea travers- 

 ing the Contract or Agreement in the Statement of Claim 

 is pleaded, the plaintiff must prove the Contract, that is, 

 the alleged Consideration and the Promise {li). And if the 

 defendant contest it in his pleading, the plaintiff must 

 show either a Tender (.r), as the case may be, or that 

 during a reasonable time he was Ready and Willing to 

 deliver it [g) . 



The meaning of Readiness and Willingness is, that the 

 non-completion of the Contract was not the fault of the 

 plaintiff, and that he was disposed and able to complete it, 

 if it had not been renounced by the defendant (s). 



Where the plaintiff has otherwise than at the buyer's 

 request delayed delivery beyond the proper time, he can- 



{p) Com. Dig. Pleader, C. 45; 

 and see 1 CMt. Pleading, 6tli ed. 

 172. 



[q) See Boorman v. Kaslt, 9 B. & 

 C. 152 ; and Chit. Contr. 11th cd. 

 817; BuUen and Leake's Pleading, 

 4th ed. 19 ; and Damages, post. 



{>■) Requires no Stamp. Mtirson 

 V. f^/wrt, 2 Bing. N. C. 118 ; 6'. C. 

 2 Scott, 24 a. 



(i-) Elliott v.Fijhus, 10 Bing. 512; 



Eohde V. Thwaitcs, 6 B. & C. 388. 



{t) Simmons v. Swift, 5 B. & C. 

 857. 



[u) Bcal V. White, 12 A. & E. 

 670. 



{x) Proof of Tender, post. 



(y) Granger v. Bacre, 12 M. & "W. 

 431 ; Tcmjjest v. Kilncr, 2 C. B. 308. 



[z) Cort V. Amherc/ate Railway 

 Company, 20 L. J., Q. B. 465 ; Baker 

 y.Firminyer, 28 L. J., Ex. 130. 



