DAMAGES ON BREACH. 101 



or that the affirmation of gentleness was of such a reckless 

 character as to amount to bad faith.^^* An expert may tes- 

 tify to the effect of the unsoundness in diminishing the value 

 of an animal of given characteristics. ^^^ 



Damages based on profits that would have been made if the 

 animal had been as warranted are too remote and speculative 

 to be recovered.-^®® Thus, the prospective gains from the 

 services of a horse warranted as a sure foal-getter cannot 

 be recovered unless there were outstanding contracts for 

 such services at the time of sale, known to the seller, and the 

 purchase was made with reference thereto. ^^'' And the pur- 

 chaser cannot recover for the loss of a bargain for the resale 

 of the animal, though the contract of resale at a profit had 

 been actually completed before the unsoundness was discov- 

 ered.-'^® But where a bull bought for breeding purposes was 

 known by the seller to be without power of procreation, the 

 purchaser may recover in an action of deceit for the diminu- 

 tion in value of his dairy and may testify that his cows pro- 

 duced less butter than customarily.^®* 



In an action for the breach of a warranty it was held that 

 the court had no power to order that the defendant have the 

 privilege of sending a veterinary surgeon into the plaintiff's 

 stable to examine the horse. ^*'° 



37. Mortgage of Animals and Their Increase — The law re- 

 lating to Chattel Mortgages is, of coure, applicable to prop- 

 erty in animals, but, as was said before, we shall discuss here 

 only such parts of it as are peculiar to this kind of property. 



A description in the mortgage which will enable a third 

 person, aided by inquiries which the instrument itself sug- 



^" Jones V. Ross, 98 Ala. 448. 



""Miller z'. Smith, 112 Mass. 470. 



'"" Love V. Ross, 89 la. 400; Williamson v. Brandenberg, 133 Ind. 594. 



"' Glidden v. Pooler, 50 111. App. 36- 



"' Clare v. Maynard, 6 A. & E. 519. 



'" Maynard v. Maynard, 49 Vt. 297. 



™ Martin v. Elliott. 106 Mich. 130. 



