Smart v. Teeple

Citations

• 33 Ohio C.C. Dec. 200
• 18 Ohio C.C. (n.s.) 544
• 1911 Ohio Misc. LEXIS 295

Syllabus

<p>DAMAGES — SALES</p> <p>1. Option to Return Horse Sold Under Warranty or Recover Damages for Breach.</p> <p>When a horse is sold under warranty and one of the conditions of the sale is that the purchaser if not satisfied with the horse after trial thereof, might return him the next day and receive his money back, the purchaser has his election, upon breach of the warranty, to return the horse and have his money back, or keep the horse and sue for damages arising from breach of the warranty.</p> <p>2. Measure of Damages for Breach of Warranty is Difference between Actual and Sale Values.</p> <p>In an action for breach of warranty of a horse, the measure of damages is the difference between the value of the horse, if it had been as represented, and its value as it actually was.</p> <p>3. Special Damages to Vehicles by Horse Sold Under Warranty.</p> <p>In an action for damages for breach of warranty of a horse, the plaintiff may show special damages suffered by reason of his carriages being injured by the actions of the horse, and expenses in attempting to cure the horse of distemper.</p>