D.  92  •  45  L.  J.  C.  P.  29.  (t)  See  Dingle  v.  Hare,  sufra;  an(J

\k)  'Ante,  p.  714  ;  Loder  v,  Kelmle,  see  ante,  p.  901,


920  DAMAGES.
Paet  V.  liability  was  a  consequence  of  the  breach  of  warranty  which
the  buyer  might  claim  against  the  seller  as  damages  (m).
Where  a  contract  was  made  for  the  supply  of  army  shoes,
which  were  known  to  be  for  the  use  of  a  foreign  government,
and  which  were  rejected  by  them  because  of  a  latent  defect  in
quality,  the  buyer  was  held  entitled  to  claim  as  damages
the  costs  of  exporting,  delivering,  and  warehousing,  and  the
loss  of  profit  (w) .  If  the  buyer,  having  accepted  the  goods,
is  sued  for  the  price,  he  may  prove  in  reduction  of  damages
the  difference  in  value  between  the  goods  delivered  and
those  contracted  for,  and  diminish  the  price  by  that
amoixat  (o) .  If  the  buyer  refuses  the  goods  as  not  answering
the  description  contracted  for,  he  may  recover  the  price
previously  paid  as  an  implied  debt  arising  upon  the  failure
of  the  consideration  (p).
