DAMAGI-.y ON ISKEACH. 99 



been as represented, including the keep and other reasonable 

 expense, such as medical attendance, etc.^^^ And this rule is 

 not affected by proof that the purchaser subsequently resold 

 it at an increased price ;^*^ or that it was worth the price paid 

 for it.^** But the purchaser cannot recover for expenditures 

 made after he ought as a man of reasonable judgment to have 

 become satisfied that the animal was worthless and that its 

 disease was incurable.^** On the breach of warranty of a stal- 

 lion as a "sure colt-getter," it was held that the purchaser 

 could recover for the reasonable expense of advertising, keep- 

 ing and standing the horse during the season and prior to dis- 

 covering his condition.^ ^^ But where a horse had been 

 bought in the country and brought to London and, after dis- 

 covery of the breach of warranty, tendered to the seller and 

 sold at auction, it was held that the buyer could not recover 

 for the expense of obtaining a certificate of unsoundness from 

 a veterinary college or of counsel's opinion, as they were no 

 part of the necessary expenses, but were merely for the plain- 

 tiff's own comfort and to convince him he could bring an 

 action in safety, but that he could recover for the expense of 

 bringing the horse up to London and of its keep.^^* Where 

 the plaintiff was compelled to purchase cattle in place of those 

 lost by the defendant's deceit, and expenses of delay .were in- 

 volved, those matters were legal items of damage.-'*' 



'" Caswell V. Coare, I Taunt. 566; Murry v. Meredith, 25 Ark. 164; 

 Miller v. Law, 44 111. App. 630; Love v. Ross, 89 la. 400; Schee v. Shore, 

 6 Kan. App. 136; Williamson v. Brandenberg, 133 Ind. 594; Sharpe v. 

 Bettis (Ky.), 32 S. W. Rep. 395; Hobbs v. Bland (N. C), 32 S. E. Rep. 

 683; Snyder v. Baker (Tex. Civ. App.), 34 S. W. Rep. 981. 



"■ Brown v. Bigelow, 10 Allen (Mass.) 242; Berry v. Shannon (Ga.), 

 25 S. E. Rep. 514. 



"' Douglass V. Moses (la.), 65 N. W. Rep. 1004. 



"' Murphy V. McGraw, 74 Mich. 318. 



'" Short V. Matteson, 81 la. 638. And see Suttle v. Hutchinson (Tex. 

 Civ. App), 31 S. W. Rep. 211; National Horse Importing Co. v. Novak, 

 95 la. 596. 



"' Clare v. Maynard, 7 C & P. 741. 



'" Sellar v. Clelland, 2 Colo. 532, where it was also held that where the 

 cattle were lost by disease in an uninhabited country, evidence might be 



