DAMAGES. 189 



injury which would arise generally, and in the great multi- 

 tude of cases, not affected by any special circumstances, 

 from such a breach of contract. Therefore, in a case where 

 a miller employed a carrier to deliver a broken shaft to an 

 engineer for repair, and the carrier was guilty of an unrea- 

 sonable delay in delivering it, the result of which was the 

 stoppage of the mill, and a consequent loss of profits, it was 

 held that such a loss of profits should not be taken into 

 consideration by the jury in estimating the damages, as the 

 carrier had not been informed that this would be the result 

 or the probable result of his neghgence [q). 



In the ordinary case of trover for a horse, the plaintiff Damages for 

 recovers the value of the horse, and not what the horse ^^'rongful 

 might have earned besides (r). Special damages may be 

 recovered in trover if laid. Therefore, where in trover for 

 a horse it was laid as special damage, that the plaintiff 

 was obliged to hire other horses, it seems that the amount 

 of damages should be the value of the plaintiff's horse 

 when taken, and the sum he paid for hire, deducting what 

 would have been the expense of keeping his own horse for 

 the time (s). 



Where the property in goods has passed under the con- 

 tract, but the price has not been paid, and the vendor has 

 wrongfully converted and disposed of the goods so as to 

 preclude himself from delivering them, and recovering the 

 price, the vendee can only recover the difference between 

 the value of the goods and the contract price, and cannot 

 recover the full value by suing for the conversion of the 

 goods instead of for the breach of contract {f). 



Whenever a party is liable for a breach of a contract. Damages in 

 either express or implied, the plaintiff is, in general, '<»■'• 

 entitled to nominal damages ; although the action be framed 

 in tort for such breach of contract, and no actual damage 

 be proved {u). But in the case of actioiLS framed in tort 

 for breach of contract, the damages must be such as are 

 capable of being appreciated or estimated, whereas in such 



(q) Eadley t. BaxendaU, 23 L. J., L. R., 6 Q. B. 199 ; 40 L. J., Q,. B. 



Ex. 179; Smeedy. Foord, 28 L. J., 121. 



Q. B. 178 ; Some v. Midland Rail. (t) Chinery y. Viall, 29 L. J., Ex. 



Co., L. R., 8 C. P. 131 ; 42 L. J., 180 ; Johnsony. Stear, 33 L. J., C. P. 



C. P. 54 ; Sammond v. Bussey, 20 130. 



Q. B. D. 79 ; 57 L. J., Q. B. 58. («) Eolin v. Steward, 23 L. J., 



<r) Per Jervis, C.J., Head v. Fair- C. P. 148 ; Marzetti v. Williams, 1 



banks 22 L. J., C. P. 206. B. & Ad. 415 ; Chit. Contr. 12th ed. 



(s) J)aA)'t Y. Oswell, 7 C. & P. 848. 

 804 ; see further, France v. Oatidei, 



