The carrier knows only that it is intended for the erection of a
mill. Part of the machinery, without which the mill cannot be
erected, is lost, and the shippers are obliged to send to England to
replace it. The measure of the damages is not the value of the use
of the machinery, or profits which might have been made, but the
cost of replacing the machinery.^

(k) The cause of action is failure to furnish an engine or
machinery with full knowledge on both sides of the necessary con-
sequences of failure. The measure of damages is the rental value
of the property during the period of enforced idleness.'

(I) F. agrees to furnish a coal company with a locomotive engine
to draw coal cars. F. knows that it is for a track of unusual width,
and that such engines are not to be hired when wanted. He does
not know that the possession of the engine would enable the com-
pany to mine more coal than without it. The measure of damages
for breach of the agreement is not the enhanced profits the com-
pany might have made, nor the cost of hiring another engine, but
the difference of cost of transportation with and without the engine.*

(m) Action for breach of contract to sell and deliver crude
oil. Mere notice to the seller of some interest or probable action
of the buyer is not enough necessarily and as a matter of law to
charge the seller the special damage on that account.^

' Rochester Lantern Co. v. Stiles & Parker Press Co., 135 N. Y. 209.
' British Columbia Sawmill Co. v. Nettleship, L. R. 3 C. P. 499; ace.
