342 impounding; injuries ox highways, etc. 



the fraudulent sale of diseased sheep to the plaintifif as sound 

 and healthy, the refusal of a person to purchase from him in 

 performance of a contract by reason of the disease, and the 

 refusal of his customers to deal with him in consequence of 

 the report, cannot be considered in estimating the dam- 

 ages.^^" 



Where the seller knowingly represents or warrants the ani- 

 mal to be free from contagious diseases, when it is not so, he 

 is liable for the resulting injury to other animals,^"^ even 

 though he did not know that the purchaser had other animals 

 or intended to bring them together.^^^ In an English case, 

 the defendant was held liable if, at the time he sold the dis- 

 eased cow, he knew that the plaintiff was a farmer and would 

 or might place it with others.-^^^ 



Where sheep sold, under a warranty that they are sound 

 and healthy, have an infectious disease, the resulting injury 

 to lambs dropped soon after the purchase is a proper item of 

 damages. ^'^^ And where all the animals in a herd are sold 

 with warranty, and some of them are affected with a con- 

 tagious disease, the buyer is not confined in his recovery to 

 the value of those originally diseased.^''^ And where the 

 stock are rendered absolutely worthless, the defect is covered 

 by an implied warranty and the purchaser may recover the 

 purchase price of all the stock lost and the expenses reason- 

 ably incurred in quarantining and doctoring the stock.^'^^ 



Where the purchaser of a horse sent him back to the seller 

 on the ground that he did not comply with the warranty. 



"° Grain v. Petrie, 6 Hill (N, Y.) 522. 



'" MuUett V. Mason, H. & R. 779; Stevens v. Bradley, 89 la. 174: Joy 

 V. Bitzer, 77 id. 7z; Faris v. Lewis, 2 B. Mon. (Ky.) 375; Greenby v. 

 Brooks, 13 Ky. L. Repr. 298; Jeffrey v. Bigelow, 13 Wend. (N. Y.) 518; 

 Lewis V. Bracken (Ga.), 22 S. E. Rep. 943. 



™ Sherrod v. Langdon, 21 la. 518; Packard v. Slack, 32 Vt. 9. 



™ Smith V. Green, i C. P. D. 92. "* Broquet v. Tripp, 36 Kan. 700. 



™ Bradley v. Rea, 14 Allen (Mass.) 20; Marsh v. Webber, 16 Minn. 418; 

 Wintz V. Morrison, 17 Tex. 372. 



"" Snowden v. Waterman (Ga.), 31 S. E. Rep. no. 



