DAMAGES. 



193 



and the market price, the damages are only nominal (p). 

 And where goods were paid for by bill, and after a breach of 

 contract by the vendor in not delivering the goods the bill 

 was dishonoured, the purchaser was held entitled to recover 

 only nominal damages (q). 



In an action for the price as goods sold and delivered, the 

 damages will be the price or value of the horse. 



Where an action for money had and received is brought 

 for the repayment of the price, and there is a claim for 

 horsemeat and stabling, the measure of damages is the 

 price paid for the horse ; and also the expiense of keep from 

 the day of sale ; as the contract must be taken to 

 have been rescinded from the day it was entered into (r). 

 And as to the recovery of interest on the price paid, see 

 3 & 4 Will. 4, c. 42, s. 28, by which statute a demand in 

 writing and notice of such claim is necessary (.s). 



The damages in the case of a Ireach of warranty must be 

 treated in the same way as an action on a contract (t). 



The measure of damages for breach of warranty is the 

 estimated loss directly and naturally resulting, in the ordi- 

 nary course of events, from the breach of warranty (»). In 

 the case of breach of warranty of quality such loss is prima 

 facie the difference between the value of the goods at the 

 time of delivery to the buyer and the value they would 

 have had if they had answered to the warranty (x). 



Where the horse has been returned, and no special loss 

 has accrued, the damages consist of the price paid (y). 



Where the horse has not been returned the measure of 

 damages will be the difference between its value with the 

 defect warranted against and the value it would have 

 borne without the defect. It was formerly laid down that 

 the measure of damages would be the difference between 

 the contract price and that for which it would sell with 

 its defect (s). But the rule in England is now settled as 

 stated above, and the doctrine is the same in America (a). 



goods sold 

 and delivered. 



In money 

 had and 

 receiyed. 



On breach of 

 warranty. 



General rule. 



"Where the 

 horse has 

 been returned. 



Where the 

 horse has 

 not been 

 returned. 



(i?) Yalpy V. Oalceky, 16 Q. B. 

 941. 



(q) Griffiths v. Ferry, 28 L. J., 

 Q. B. 204. 



(r) Caswell v. Ooare, 1 Taunt. 

 .566; King v. Price, 2 Chit. 416. 



[s) See Interest, ante, p. 190. 



(t) Per Tindal, C.J., Watson v. 

 Denton, 7 C. & P. 90. 



(u) Sale of Goods Act, 1893, s. 53, 

 sub-s. (2). 



(x) Ibid., sub-8. (3). See also 



O. 



Randall v. Eaper, E. B. & E. 84 ; 

 27 L. J., Q. B. 266 ; Loder v. Xekule, 

 27 L. J., C. P. 27 ; Jones v. Just, 

 L. E., 3 Q. B. 197. 



(y) Caswell v. Coare, 1 Taunt. 

 566 ; 11 E. E. 668 ; Seilbutt v. 

 mckson, L. E., 7 C. P. 438; 41 

 L. J., C. P. 228. 



(z) Caswell v. Coare, 1 Taunt. 566 ; 

 11 E. E. 668. 



(a) See per BuUer, J., 1 T. E. 

 136: per Lord Eldon, C.J., Curtis 







