DAMAGES. 197 



difference between the price paid and the real value of the 

 horse, and the damages for the expense which the plaintiff 

 was put to by the defendant selling him that which was 

 of no use to him, for a certain time, at least to the time 

 ■when he offered the horse to the defendant " {k). 



The increase in value consequent on the care and ex- Expenses in 

 pense bestowed on a horse after purchase, and evidenced adTancing 

 by an advance of price on a resale, might probably be talue"'^^'''^ 

 recovered if the cause of such increase were properly laid 

 as special damage. Because, although the Court of 

 Queen's Bench thought it uunecessary to give their opinion 

 in Clare v. Maynard (I), as that point did not there pro- 

 perly arise , yet Lord Denman, C.J., appeared to hold that 

 if it had arisen, he should have directed the jury as he 

 did in the case of Cox v. Walker, and then the measure of 

 damages would be the difference between the price ulti- 

 mately obtained for him, and his actual value if he had 

 been sound at the time of such last resale (w) . 



And where a horse had been bought in the country, Horee ten- 

 and brought up to London, and after it was discovered to "lered and 

 be unsound was tendered to the seller, and then sold by auction^*^ '^^ 

 auction. Lord Denman, C. J., told the jury that the measure 

 of damages was the difference between the value of the 

 horse, if sound (of which the price was only strong evi- 

 dence), and thes?.M» it brought as unsound («). 



That the buyer could not recover the expenses of obtain- Expense of 

 ing a certificate of unsoundness from the veterinary college ^ternary 

 or of counsel's opmion, as they were no part of the neces- counsel's 

 sary expenses, but were merely for the plaintiff's own com- opmion. 

 fort, and to convince him that he could bring an action in 

 safety (w). 



But that he was entitled to be paid the expenses of Trarelling 

 bringing the horse up to London, and of its keep («). expenses. 



A person who has bought a horse warranted sound, and Loss of a 

 has had it returned to him after resale at a profit, cannot ^°°^ bargain. 

 in an action on the warranty recover damages for the " loss 

 of a good bargain " (o) ; and on this ground the Court of 

 Queen's Bench gave their decision in Clare v. Maynard (p), 

 because the declaration there merely alleged that the plaintiff 



{k) Watson v. Benton, 7 C. & P. (o) Flureau v. Thornhill, 2 "W. 



91. Bla. 1078 ; 1 Sug. Vend. & Purch. 



if) Clare v. Maynard, 6 A. & E. 14th ed. 237, and the oases there 



523. cited. 



(»n) Cox V. Walker, cited ibid. {p) Clare v. Maynard, 6 A. & E. 



in) Clare v. Maynard, 7 C. & P. 624. 

 741. 



