VALIDITY ; DAMAGES. 75 



A rule of a live-stock exchange that members shall not 

 recognize any yard trader who is not also a member of the 

 exchange was held not to be in restraint of trade nor a com- 

 bination to monopolize or attempt to monopolize such trade 

 within the prohibition of a statute.^^ 



Where the purchaser of cattle refuses to accept them and 

 the seller re-sells them in open market, his measure of dam- 

 ages is the contract price less the amount realized from the 

 sale in excess of the necessary and proper expense of sale and 

 keep.^^ But he cannot recover for the expense of keeping- 

 animals either during the whole time of litigation or that part 

 of it in which they might have been sold by him as agent of 

 the purchaser.®* Where the seller is put to additional ex- 

 pense in moving cattle which are not called for by the pur- 

 chaser in accordance with his contract, such additional ex- 

 pense may be recovered.®' Where the price and charges for 

 delivery are paid and no delivery is made, the purchaser may 

 recover the money paid, and the death of the animal after the 

 time arranged for delivery is no defence.®^ 



executed otj one side within a year is not within the statute, see Trimble 

 V. Lanktree, 25 Ont. 109. 

 '"' Anderson v. U. S., 171 U. S. 604. 



'^ Slaughter v. Marlow (Ariz.), 31 Pac. Rep. 547. And see McCracken 

 V. Webb, 36 la. 551. 



The same measure of damages exists for failure to deliver a telegraphic 

 message in due time, in consequence of which the sale was not completed: 

 Herron v. West. Un. Tel. Co., 90 la. 129. In such a case, without regard 

 to re-sale, the measure of damages for failure to deliver the message is 

 the difference between the market value where the cattle were at the time 

 and the contract price at the place of delivery, less the cost of transporta- 

 tion to the latter place: West.Un. Tel. Co. z'.Williford, 2 Tex. Civ. App. 574. 



As to damages where the defendant was to pay a certain price per pound 

 for the dressed carcasses of cattle, see Fletcher v. Jacob Dold Packing 

 Co., 58 N. Y. Suppt. 612. 



°* Putnam v. Glidden, 159 Mass. 47. If the animal dies or is lost before 

 re-sale, this does not relieve the original purchaser from liability for the 

 contract price: Weathered v. Golden (Tex. Civ App.), 34 S. W. Rep. 761. 



'° Gleckler v. Slavens, S S. D. 364. And see Holtz v. Peterson (la.), 

 62 N. W. Rep. 19. 



'" Winn V. Morris, 94 Ga. 52. The expense of furnishing and holding 



