tion 49 of the Sale of Goods Act, 1893, is to prejudice the right of the seller in Scotland to recover interest on the price from the date of tender of the goods, or from the date on which the price was payable, as the case may be. It must be a wrongful neglect or refusal to pay.

When the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for non-acceptance. The general measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract; and where there is an available market for the goods in question, the measure of damage is generally to be ascertained by the difference between the contract price at the time or times when the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of refusal to accept.

Remedies of the Buyer.-Where the seller wrongfully, neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action. against the seller for non-delivery; and the general measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller's breach of contract. Moreover, where there is an available market for the goods in question, the measure of damages is generally 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.

'When two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably, either arising naturally, i.e. according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it. Now, if the special circumstances, under which the contract was actually made, were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract which they would reasonably contemplate would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated. But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, for such a breach of contract. For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case, and of this advantage it would be very unjust to deprive them."

This judgment in reference to the measure of damages requires no comment, it speaks for itself.

In any action for breach of contract to deliver specific or ascertained goods, the court may, if it thinks fit, on the application of the plaintiff, by its judgment or decree (Scotland) direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. Such judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as the Court may deem just, and the application, by the plaintiff, may be made at any time before judgment or decree. The provisions of Section 52 of the Sale of Goods Act, 1893, will be deemed to be supplementary to, and not in derogation of the right of specific implement (Scotch) (i.e., specific performance) in Scotland.

Where there is a breach of warranty by the seller, or 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 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; and 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; and in the case of a breach of warranty of quality,

such loss is generally the difference between the value 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. The fact that the buyer had 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; and nothing will prejudice or affect the buyer's right of rejection in Scotland as declared by the Sale of Goods Act, 1893. Furthermore, nothing in the Statute just mentioned, will 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; and this money may be recovered by ordinary action as money had and received.

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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. Merchants are not bound to make their contracts according to any rule of law." In reference to usage, the defendant may prove the non-existence of the usage, its illegality, or unreasonableness, or that it formed no part of the agreement between the parties.

As to what constitutes a reasonable time with regard to the sale of goods, this is a question

of fact (see ante). Any right, duty, or liability declared by the Sale of Goods Act 1893, may be enforced by action.

Sales by Auction. In the case of a sale by auction, where goods are put up for sale by auction in lots, each lot is generally deemed to be the subject of a separate contract of sale. A sale by auction is.

complete when the auctioneer announces its completion by the fall of the hammer, or in any other customary manner. Until such announcement is made, any bidder may retract his bid. Where a sale by auction is not notified to be subject to a right to bid on behalf of the seller, it will 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 to any such person; and any sale contravening this rule may be treated as fraudulent by the buyer. Moreover, a sale by auction may be notified to be subject to a reserved or "upset price,' (the Scotch equivalent of reserved price), and a right to bid may also be reserved expressly by, or on behalf of, the seller; and 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. Furthermore, every auctioneer, before beginning any auction, shall affix or suspend, or cause to be affixed or suspended, a ticket or board containing his full and true Christian and surname and residence, painted, printed or written, in large letters publicly visible and legible, in some conspicuous part of the room or place where the