83+

Kemedy for
breach of
wartanty,

Inte ot and
speed
dhimaires,

Ch. 31. No.9. Sale of Goods,

on the application of the plaintift, by its Judgment or dectec

direct that) the contract shall) be performed) specifically

without giving the defendant the option of retaming: the

seods on payment of dam. Phe judgment or deeree

ny be unconditional, er upon such terms and conditions
to damage  pavinent of the price, and otherwise, to
ecourt may seem just, and the appheation by the plantitt
wWobe made at any Gime belore judgment or decree

53. (1) Where there is a breach of warranty by the seller,
ovo where the buyer elects, or is compelled, to treat any
breach of a condition on the part of the seller as a breach
of warranty, the buyer ts net by reason only of such breach
of warranty entitled to reject the goods, but he may

(a) set up against the seller the breach of warrants
in diminittion or oxtinetion of the price or

(6) maintain an action against the seller for damages
lor the breach of warranty

(2) Phe measure of damages tor breach of warranty is
the sstimated: loss directly and naturally resulting, in the
ordinary course of events, from: Che breach of wi wranty

(3) Inthe case of breach of wartanty of quality. such
loss is promad fucte the difference between the value of the
goods at the Gime of delivery to the buyer and the value they
would have had if they he id answered to the warranty

(#4) The fact that the buyer has set up the breach of

carranty in dinunudion or oxtinetion of the price dees not

prevent him from oomiauntaining an aetion for the ame
breach of warranty the has suffered farther dam: ge.

54. Nothing in this Ordinance shall afect the right of the
buyer or se Her to recover interest or speckuh damages 1 any
cas where, by law, mterest or special damages may be
recoverable, or Co recover money paid: where the considera-
tion for the payment of it has tailed.