WHAT MAY BE RECOVERED AS DAMAGES. 211 



value of all the cows, (a) The same principle was applied where 

 a cow was warranted free from disease, and both parties contem- 

 plated its being placed with other stock.(6) But though it is 

 illegal in England to brmg a giandered horse into a public 

 market, there is nothing illegal in the simple sale of it ; 

 therefore one who sold a giandered horse without a warranty, 

 and without fraudulent misrepresentation, was held not 

 responsible for disease communicated to other horses belong- 

 ing to the purchaser in the stable to which he removed it.(c) 

 Again, the pretium affectionis or fancy value placed on a 

 horse by its owner, would not be allowed in computation 

 of its value, unless fraud were established ;(cZ) and where 

 damages are claimed for breach of contract, nothing will be 

 allowed except the direct loss upon the thing itself, and 

 what would reasonably be considered as in contemplation of 

 the parties at the time of making the contract as the natural 

 result or reasonable consequence of a probable breach. (e) 

 Thus in breach of sale, m the absence of more precise 

 evidence of value, the highest price which might have been 

 got for a horse after the day of sale, or the average value 

 between the stipulated day of delivery and date of action, 

 or the price at which the buyer could procure a similar one 

 at the stipulated time of delivery, are the usual criteria for 

 determininQ- the amount of damacres. There is no absolute 

 rule as to market value in Scotland, and in determining the 

 amount (/) each case is to be considered according to its 

 own circumstances. If there have been a subsale disclosed 

 to the seller, he will be liable for the difference between the 

 price contracted for and the price of the intimated sub- 



(a) MuUctt V. 3fason, 1866, L.R 1 C.P., 559. 

 (6) Smith V. Green, 1875, L.R. 1 C.P.D. 92. 



(c) Um V. Balls, 1857, 2 H. and N. 299 ; see also Ward v. Hohbs, 1878, 4 

 App. Ca. 13. 



(d) Ersk.iii. 1, 14. 



(e) Iladley v. Baxcndale, 1854, 9 E.x. 341 ; Kcddie v. N. B. Ry. Co., 1886, 14 

 R. 233 ; Elhinger, d-c. v. Armstrong, 1874, L.R. 9 Q.B., 473. 



(/) Dunlop V. Higgins, 1848, 6 B. App. Ca. 195. 



