210 



PLEADING, EVIDENCE AND DAMAGES. 



Travelling 

 Expenses. 



Loss of a 

 good Bar- 

 gain. 



Reselling 

 "vvith a War- 

 ranty. 



Damages for 



comfort, and to convince him that he could bring an action 

 in safety (»). 



But that he was entitled to be paid the expenses of 

 bringing the Horse up to London, and of its Keep (n). 



A person who has bought a Horse warranted sound, and 

 has had it returned to him after resale at a profit, cannot 

 in an action on the Warranty recover Damages for the 

 "Loss of a good bargain" (o); and on this ground the 

 Court of Queen's Bench gave their decision in C/are v. 

 3Ia//nai'd {p), because the Declaration there merely alleged 

 that the plaintiff houglit the Horse at so much, and resold 

 him at so much, without alleging the cause of the advance, 

 or averring that he had laid out any money on the Horse 

 in the meantime. And it was held, in that case, that 

 although the contract of sale at a profit had been actually 

 completed before the Unsoundness was discovered, yet the 

 plaintiff could not recover as special Damage the advance 

 in value, which, as stated in the Declaration, was the mere 

 loss of a good bargain {q). 



If the buyer of a Horse with a Warranty, relying 

 thereon, resells him with a Warranty, and being sued 

 thereon by his vendee, offers the defence to the vendor, 

 who gives no directions as to the action, the plaintiff 

 defending that action is entitled to recover the costs of it 

 from his vendor, as part of the damage occasioned by his 

 breach of Warranty (;■). He may also recover not only a 

 sum fairly and reasonably paid to the second vendee as 

 compensation is), but also a sum in respect of damages, 

 which he has agreed to make good, although no amount 

 has been fixed, nor any sum actually paid, the mere 

 liability to pay such costs being sufficient to sustain the 

 claim for special damage {£). But he cannot recover any 

 such costs if, by a reasonable examination, he could have 

 discovered the breach of Warranty before sale {u). 



Where there is a misrepresentation of the character or 



741. 



Clare v. Mcynard, 7 C. & P. 



(o) Flureau v. ThornhiU, 2 W. 

 Bla. 1078 ; 1 Sug. Vend. & Purch. 

 14th ed. 237, and the cases there 

 cited. 



[p) Clare v. Maijnard, 6 A. & E. 

 624 ; and see a form of Special 

 Damage in such case giA'en in 

 Pears. Chit. Plead. 202. 



(7) Chtrc V. ilaijuard, G A. & E. 

 524. 



()•) Lewis V. Pcake, 7 Taunt. 153; 

 S. C. 2 Marsh. 43 ; and see Solph 

 V. Crotwh, L. R., 3 Ex. 44 ; 37 L. 

 J., Ex. 8. 



{s) Bimjle V. Earc, 7 C. B., N. S. 

 145. 



it) Haiidall V. Jioper, 27 L. J., 

 Q. B. 266. 



{/<) TFrir/Jifiip V. Chamberlain, 7 

 Scott, 598; Chit. Contr. 10th ed. 

 816. 



