King v. Manning
King v. Manning
Opinion of the Court
delivered the opinion of the court.
Manning brought suit against King for two hundred and seventy-five dollars for breach of warranty of a mule bought by Manning from King. Manning bought a pair of mules for five hundred and seventy-five dollars under a,
There Avas no proof in the record as to the real value of the mule in its lame and crippled condition. The only proof is the nature and extent of the injury coupled with the statement that the defendant had offered twenty-five dollars in satisfaction on his warranty, which was refused. The trial proceeded upon the theory of a suit in damages for breach of warranty, and the rule is in such cases that
For tbe error indicated, tbe judgment will be reversed, and remanded for a new trial. In this attitude of the record it is unnecessary to notice the other qustions raised, as they may not appear in a subsequent trial.
Reversed and remanded.
Reference
- Status
- Published
- Syllabus
- Sauss. The measure of damages for breach of warranty is the difference between the value of the mule bought in its unsound condition and price paid; evidence must show value with reasonable certainty. In an action for damages for a breach of warranty of soundness of a mule sold plaintiff, the measure of damages where the plaintiff retains the mule is the difference between the value of the mule in its condition of unsoundness and the price paid for the mule; and the plaintiff must prove the value of the mule in its unsound condition ' as well as the sum paid for it. Evidence of the lameness of the mule and its unfitness for the service for which it was bought is not sufficient to support a verdict of one hundred dollars, where the purchase price was two hundred and seventy-five do’lars. The evidence must show the value with reasonable certainty.