(2) The measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events, from the seller's breach of contract.

(3) Where there is an available market for the goods in question, the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered, or, if no time was fixed, then at the time of the refusal to deliver.

specific per

52. In any action for breach of contract to deliver Right to specific or ascertained goods, the court may, if it think formance. fit, on the application of the plaintiff, by its judgment or decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price, and otherwise, as to the court may seem just, and the application by the plaintiff may be made at any time before judgment or decree.

Remedy for

53.-(1). Where there is a breach of warranty by Ref the seller, or where the buyer elects, or is compelled to warranty. treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not 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 warranty, in diminution or extinction of the price,

or

(b) Maintain an action against the seller for damages for the breach of warranty.

(2) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.

(3) In the case of breach of warranty of quality, such loss is prima facie the difference between the value

Interest and special damages.

Implications

under Act may be rebutted.

Reasonable

time a question of fact.

Remedies to be

action.

of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.

(4) The fact that the buyer has set up the breach of warranty, in diminution or extinction of the price, does not prevent him from maintaining an action for the same breach of warranty if he has suffered further damage.

54. Nothing in this Act shall affect the right of the buyer or the seller to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it has failed.

PART VI.

SUPPLEMENTARY.

55. Where any right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement, or by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the

contract.

56. Where, by this Act, any reference is made to a reasonable time, the question what is a reasonable time is a question of fact.

enforced by 57. Where any right, duty or liability is declared by this Act, it may, unless otherwise by this Act provided, be enforced by action.

Auction sales.

58. In the case of sale by auction,

(1) Where goods are put up for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale.

(2) A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner. Until such announcement is made, any bidder may retract his

bid.

(3) Where a sale by auction is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself, or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person. Any sale contravening this rule may be treated as fraudulent by the buyer.

(4) A sale by auction may be notified to be subject to a reserved or upset price, and a right to bid may also be reserved expressly by or on behalf of the seller.

Where a right to bid is expressly reserved, but not otherwise, the seller, or any one person on his behalf, may bid at the auction.

common law,

mortgages, etc.

59.-(1). The rules of the. common law, including Savings for the law merchant, save in so far as they are inconsis- bills of sale. tent with the express provisions of this Act, and in particular the rules relating to the law of principal and agent and the effect of fraud, misrepresentation, duress or coercion, mistake, or other invalidating cause, shall continue to apply to contracts for the sale of goods.

(2) Nothing in this Act, or in any repeal effected thereby, shall affect the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not expressly repealed by this Act.

(3) The provisions of this Act relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge or other security.

60. The enactments mentioned in the schedule to Enactments this Act are repealed, to the extent in the schedule repealed. mentioned.

SCHEDULE.

ENACTMENTS REPEALED.

Chapter 141, R. S., 1900, Section 11.

Chapter 146, R. S., 1900, Sections 9 and 10.

An Act relating to the Sale of Intoxicating Liquors.

Be it enacted by the Governor, Council, and Assembly, as follows:

SHORT TITLE.

1. This Act may be cited as the Nova Scotia Temperance Act, 1910.

Short title.

INTERPRETATION.

2. In this Act, and unless the context otherwise requires,

(a) "County" includes every city, incorporated town and municipality within such county;

(b) "Form" means a form in the schedule to this Act;

(c) "Liquor" "liquors" or "intoxicating liquor'' include every spirituous or malt liquor, and every wine, and any and every combination of liquors or drinks that is intoxicating, and any mixed liquor capable of being used as a beverage and part of which is spirituous or otherwise intoxicating;

(d) "Magistrate" means a stipendiary magistrate, or two justices of the peace;

(e) "Municipality" means and includes municipality, a city, or an incorporated town;

(f) "Person" includes a firm or corporation; (g) "Wholesale" means a sale in quantities of not less than five gallons at any one time.

Interpretation of terms.