76 SALE AND MORTGAGE. 



The measure of damages for the breach of a contract to de- 

 liver a certain kind of cattle is the difference between the value 

 of the cattle actually delivered and those contracted for.*^ 



Where the purchase of a stallion for breeding purposes 

 has been induced by false representations, the expense of 

 keeping it for a reasonable time in order to test it, may be 

 recovered.^^ But where a certain interest in a stallion is sold 

 for a share of the net profits to be derived from standing him, 

 the sellers not to be responsible for expenses or damages, and 

 there being no fraud or warranty of soundness, the pur- 

 chaser cannot recover any part of the expense, though the 

 horse is in fact worthless.^^ Where the purchaser has ac- 

 cepted a horse and keeps it for a year with no attempt to re- 

 scind on account of the seller's failure to furnish a certificate 

 of pedigree as agreed upon, the fulfilment of such agreement 

 is not a condition precedent to recovery on the purchase- 

 money notes.*" Where the seller of a horse rescinds his 

 contract, he is liable to the purchaser for the expense of the 

 keep of the horse from the time it came into his possession.*^ 



The subject of the measure of damages in an action on a 

 warranty is discussed below.*^ 



27. General Nature of a Warranty, Patent Defects, Etc. — A 



discussion of the general law of Warranty does not fall within 

 the scope of the present treatise. Such parts of this law, how- 

 ever, as apply to animals as such will be here considered. 



Although a general warranty of health or soundness will 

 not cover patent defects, the seller may warrant against such 

 a defect, as, for example, against footrot in sheep.*^ Where 



cars for transportation may be recovered: Hockersmith v. Hanley, 29 

 Oreg. 27. As to evidence of the market value, see Graham v. Frazier 

 (Neb.), 68 N. W. Rep 367. 



" Harris v. First Nat. Bk. (Tex. Civ. App.), 45 S. W. Rep. 311. 



" Peak V. Frost, 162 Mass. 298. 



" Hays V. Richie (Tex. Civ. App.), 34 S. W. Rep. 150. 



" Brown v. Ellis (Ky.), 45 S. W. Rep. 94. « King v. Price, 2 Chit. 416. 



" See § 36, infra. " Pinney v. Andrus, 41 Vt. 631. 



