Section 360.-NO NOTICE REQUIRED.-To enforce a lien upon a threshing-machine, no notice is required to be recorded, or given to anybody. The law creates the lien, without any formality, and the only thing required of the laborer is, that he shall commence suit within ten days after he quits work.

Section 361.-LIEN IS ASSIGNABLE.-The lien of laborers on or with a threshing-machine is assignable. All may assign to one person, before suit is brought, and the assignee may bring suit upon all the claims at the same time. Statutes of 1885, page 109.

Liens in Favor of Owners of Stallions, Jacks and Bulls.

Section 362. PERSONS ENTITLED TO TO THE LIEN. There had been so many complaints by owners of stallions, jacks, and bulls, kept for breeding purposes, of inability to collect their charges for services rendered, that the Legislature was induced to pass a law giving them a lien upon the animals served. This law provides that any owner or person having in charge a stallion, jack, or bull, used for propagating purposes, shall have a lien for the agreed price for the service of such stallion, jack, or bull, upon any mare or cow served for pay and upon their offspring.

Section 363.-CLAIM TO BE FILED.-A claim must be filed in the office of the County Recorder, in the county where the mare or cow is served or kept, which must contain a particular description of the mare or cow served; the date and place of serving; the name of the owner or reputed owner of the mare or cow served; a proper description, by name or otherwise, of the stallion, or jack, or bull, performing the service, and the name of the owner or person in charge of it; and the amount of the lien claimed.

Section 364. NOTICE TO SUBSEQUENT PURCHASERS.-The claim of lien, when filed, operates as notice to subsequent purchasers and encumbrancers of the mare or cow for the term of one year from the date of the filing of the claim.

Section 365. — FALSE REPRESENTATIONS INVALIDATE LIEN.-Any wilfully false representations concerning the breeding or pedigree of the stallion, jack, or bull, made or published by the owner or person in charge of it, will invalidate the lien.

Section 366.-SUITS TO FORECLOSE.-Suits to foreclose these liens may be brought in any county where the mare or cow, or the offspring from such service, may be found.

AS SECURITY.—

Section 367.-ATTACHMENT Plaintiff may have an attachment put on the mare or cow, or their offspring, at the time of issuing the summons, or at any time afterwards before judgment, as further security for his pay; an undertaking on attachment is required to be given, before the attachment will issue; and the Sheriff must then take into his possession the mare or cow, or offspring, and keep them pending the suit, unless the owner or person in charge of the animals gives him a bond to pay the judgment, if one should be obtained.

Statutes of 1891, page 90.

Damages for Breach of Contract.

Section 368.-MEASURE OF DAMAGES.-The measure of damages allowed by the law of this State, for the breach of an obligation arising from contract, is the amount which will compensate the injured party for all the detriment proximately caused by the breach, or which in the ordinary course of things would be likely to result.

Civil Code, Section 3300.

Section 369.-BREACH OF CONTRACT TO PAY MONEY.-The detriment caused by the breach of an obligation to pay money only is the amount due by the terms of the obligation, with interest. The holder of a note may be greatly damaged by the failure of the other party to pay it; for he may have to borrow money himself at high rates of interest; or he may be unable to borrow, and thus incur ruinous loss which might have been avoided if his debtor had. paid him. Yet the law considers that to allow any damages, further than the amount due on the contract, would be to fix a measure of damages too uncertain and unreliable to meet the requirements of daily business and commercial life; and, therefore, the law has placed the measure of damages for breach of a contract for the payment of money only at the amount due by the terms of the obligation, with interest. Civil Code, Section 3302.

Section 370.

BREACH OF

WARRANTY OF

TITLE.—When one sells property and warrants the title, and the title proves bad, the law allows the grantee the price paid to the grantor, if the title to the whole property is bad; or, if there proves to be no title to a part only of the property, such proportion of the price as that portion bears to the whole property; and, also, interest at seven per cent on the price paid for the time during which the grantee derived no benefit from the property, not exceeding five years.

Civil Code, Section 3304.

Section 371.-DAMAGES IN CASE OF EXCHANGE OF LANDS.-When lands are exchanged, and the title to one of the tracts fails, which in the exchange between the parties was conveyed with general warranty, a recovery may be had against the grantor of that tract for the value of the land, with interest and costs.

Section 372.-BREACH OF AGREEMENT TO CONVEY REAL PROPERTY.-The damages caused by the breach of an agreement to convey an estate in real property is

the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest. Civil Code, Section 3306.

Section 373.-BREACH OF AGREEMENT TO BUY REAL PROPERTY.-The damages caused by the breach of an agreement to buy an estate in real property is deemed to be the excess, if any, of the amount which would have been due to the seller under the contract, over the value of the property to him.

Civil Code, Section 3307.

Section 374.-BREACH OF WARRANTY OF TITLE TO PERSONAL PROPERTY.-Where the title to personal property is warranted, and there proves to be no title, the damage is the value of the property to the buyer, when he is deprived of its possession, together with any costs which he has become liable to pay in a suit brought by the true owner to recover the property.

Civil Code, Section 3312.

Section 375.-DAMAGES FOR BREACH OF WARRANTY OF QUALITY OF PERSONAL PROPERTY. -Where personal property sold is warranted to be of a certain quality, and turns out not to be of that quality at all, the buyer is entitled to damages for the difference in value between what he bargained for and that which was actually delivered to him.

Section 376.-BREACH OF WARRANTY FOR SPECIAL PURPOSE.-If personal property is sold for a special purpose, as a machine designed to do certain work, and is warranted fit for that purpose, and turns out to be unfit, the buyer is entitled to damages; and his damages will be the difference between the value of the thing as it is and its value as it would have been had it been as warranted. And if the buyer, before he discovers that the property is unfit for the purpose for which it was warranted, makes an effort

in good faith to use it for that purpose, he will also be entitled to damages for his loss in trying to make use of it.

Civil Code, Section 3314.

Section 377.-DAMAGES FOR BREACH OF CARRIER'S OBLIGATIONS.-A carrier of freight, passengers, or mesages, is bound to accept them when tendered to it. If it refuses, the person requiring the service, and who is thus compelled to look elsewhere to have it performed, is entitled to damages, being the difference between the rate which the first carrier had a right to charge and the rate which he was afterward compelled to pay. If a carrier of freight fails to deliver it, the law makes the carrier liable in damages, and fixes the measure of the damage at the value of the property at the place and on the day at which it should have been delivered, deducting whatever the freight charges would have been. So, if freight is lost on the way, the carrier will be liable to pay such damages. The carrier and the consignor may, however, make a valid contract limiting the liability of the carrier. While the ordinary measure of damages for breach of a carrier's obligation to deliver freight is the value of the goods at the time and place of delivery, the liability of the carrier may be limited by a special contract signed by the consignor, making the invoice price at the point of shipment the measure of damages, or otherwise limiting the carrier's liability. A carrier of freight is also liable to pay damages for delay in delivering the freight. The damages allowed will be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation in the market value of the goods.

Civil Code, Sections 3315, 3316, 3317.

Section 378.—DAMAGES FOR BREACH OF OTHER CONTRACTS.-The damages allowed for the breach of any contract must be the proximate result of the breach. The damages must not be speculative and uncertain, and they must be capable of being traced to the act complained of. For the breach of any contract, the injured party is entitled