DAMAGES. 205 



buyer so enforces tlie contract, e. g., by buying the goods 

 in the market (o) . Where there has been a written 

 Contract, the vendee cannot enhance the damages by oral 

 proof that the contract price was higher than the market 

 price by reason of the shortness of the time fixed by the 

 Contract for delivery {p). 



Where there is no difference between the contract price Nominal 

 and the market price, the Damages are only nominal (q). Damages. 

 And where goods are paid for by bill, and after a Breach 

 of Contract by the vendor in not delivering the goods the 

 bill was dishonoui-ed, the purchaser was held entitled to 

 recover only Nommal Damages (r). 



In an action for the Price as Goods sold and delivered^ Damages in 

 the Damages will be the Price or value of the Horse. goods sold 



Where an action for Money had and received is brought ^^ergj" 

 for the Eepayment of the Price, and there is a count for j^ money 

 Horsemeat and Stabling, the measure of Damages is the had and 

 Price paid for the Horse ; and also the Expense of Keep received. 

 from the day of Sale ; as the Contract must be taken to 

 have been rescinded from the day it was entered into (s). 

 And as to the Recovery of Interest on the Price paid, see 

 3 & 4 Will. 4, c. 42, s. 28, by which Statute a demand in 

 writing and Notice of such claim is necessary if) . 



The Damages in the case of a Breach of Warrant// must On breach of 

 be treated in the same way as an action on a Contract {u). Warranty. 



The general rule is this, that, where goods are delivered, General rule, 

 which are inferior in quality to those contracted for, the 

 measure of Damages is the difference between the value of 

 the goods of the quality contracted for, and the amount 

 produced by the resale of the goods actually delivered; 

 that is, provided the goods are resold immediately on their 

 being delivered, or if they cannot be resold inunediately, 

 then provided that they are resold mthin a reasonable 

 time {x). 



Where the Horse has been retiu-ned, and no special loss Where^the 

 has accrued, the Damages consist of the price paid {y) . 



(o) Offle V. Mrl Vane, L. R., 2 Q. Q. B. 204. 



B. 275; Ex. Ch., L. K, 3 Q. B. {s) CaswellY.Coare, I Taunt. 566; 



272. See TyersY. liosedale, ^-c. Iron King v. Price, 2 Chit. 416. 



Co., L. E,., 8 Ex. 305 ; Ex. Ch., {t) See Interest, ante, p. 202. 



L. R., 10 Ex. 195; 42 L. J., Ex. [u) Per Tindal, C. J., Watson v. 



185 ; 29 L. T., N. S. 751 ; and see Denton, 7 C. & P. 90. 



Roscoe, N. P. 14th ed. 495. (-») Loder v. Kekule, 27 L. J., C. 



{p) Brady v. Oastler, 3 H. & C. P. 27. 



112; 33 L. J., Ex. 300. (y) CasicellY.Coare,n&\mi. b66\ 



[q) Valp^i V. Oakeley, 16 Q.B. 941. Hdlbutt v. Hickson, L. R., 7 C. P. 



(>■) Griffiths V. Perry, 28 L. J., 438 ; 41 L. J., C. P. 228. 



Horse has 

 been re- 

 turned. 



