ages in an action brought by the vendor for the purchase price of the goods" (17).

§ 117. Same: After receipt of goods. If the buyer, who has received the article, uses it and derives a benefit from it, he cannot thereafter rescind the contract, but is left to his action for damages for the breach of warranty (18). Where the buyer accepts the goods after a full and fair opportunity of inspection, he is, in the absence of fraud, estopped from thereafter raising objections as to visible defects and imperfections, whether discovered or not, unless such delivery and acceptance is accompanied by some warranty of quality manifestly intended to survive acceptance (19). It is the better view that the buyer to whom the property has been delivered may rescind the contract for breach of warranty, by a seasonable return of the property, if it can be returned to the seller in the same state in which it was delivered to the buyer. It may be returned in a defective condition, if the defect is owing to the breach of warranty itself. In Smith v. Hale (20) a buggy was sold with a warranty that the springs were strong. One of the springs broke while the buggy was in the buyer's possession. It was held that the buyer might rescind the contract and return the buggy. "The breaking of the spring was just what the plaintiff had warranted against." A number of states hold that there can be

(17) English v. Spokane Commission Co., 57 Fed. Rep., 451, 456; Day v. Pool, 52 N. Y., 416.

(18) Lyon v. Bertram, 20 How., 149.

no return of the goods for breach of warranty, in the absence of fraud (21).

§ 118. Interest and special damages. "Nothing in this act shall affect the right of the buyer or of 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" (22). If, in addition to the difference between the value of the goods furnished and the value of the goods that the buyer was entitled to receive, the buyer suffers any special injury, as a consequence of the seller's default, he may be entitled to recover for this. In general he may recover damages that directly and naturally result, in the ordinary course of events, from the breach of warranty. What are such damages and the rules governing their ascertainment are discussed in the article on Damages in Volume XI of this work.

(21) Thornton v. Wynn, 12 Wheat. 183, 193; Brigg v. Hilton, 99 N. Y., 517, 529.

(22) Sales Act, sec. 70.

APPENDIX A.

CRIMINAL LAW.

§ 2. What are the sources of the criminal law?

§ 3. Suppose that Jones, in New York, there makes an assault on Bates, a United States customs inspector, in such a way that it amounts to a crime according to the law of New York. May Jones, merely on that showing, be punished as for a crime against the United States?

§ 4. A United States statute provides that the murder of any official of the United States is a crime against the United States, but it does not define what murder is. If Green killed Doane, a federal official, how could you tell whether or not he could be punished under this statute?

§7. A statute defined and punished grand larceny as the stealing of goods of the value of $10 or over. If a man stole goods of less than $10, could he be punished therefor?

§ 8. A statute of Illinois provides that all persons practicing as barbers in the state shall obtain a license from a state board. Allen was a citizen of Illinois and had been a barber there for ten years before the statute was passed. He claimed that as to him it was unconstitutional. Is his claim sound?

§ 10. A state statute provides that in the case of certain mentioned contagious diseases the sick person must call in a licensed physician. Gray is ill with one of the diseases mentioned, but, being an ardent Christian Scientist, refuses to cail in a regular physician. May he be indicted for so refusing?

Would it make any difference in this case if Gray recovered and no one else was affected by the disease?

§ § 11, 13. Thorpe, having a grudge against Bates, went to Bates' pasture at night and killed a cow there which he thought was Bates'. In fact it was Thorpe's own cow. May Thorpe be indicted for malicious destruction of property?

§ 14. Lord was indicted for causing the death of one of his children, a helpless cripple, by starving it. He pleaded that he did

not do anything to the child, but simply let it alone. Is this a defense?

§ 15. Dale saw Hughes, a personal enemy of his, standing with his back toward a rapidly revolving cog wheel and with the wind blowing Hughes' coat tails toward the wheels. He purposely said nothing and Hughes' coat tails were drawn into the cogs and he was killed. Of what crime, if any, is Dale guilty?

§ 17. Kline was leaving the hospital after a severe operation. Jones, in a criminally negligent way, ran his automobile into him, throwing him down and causing his wound to reopen, from which he died. Is Jones liable for manslaughter?

§ 18. Is running a public gambling house a crime at common law? § 20. Smith committed an assault and battery on Todd. Todd sued him and recovered $20 damages. May Smith now be indicted for the same act and be fined $20.

§ 22. Gay and Jones robbed Cox. In dividing the loot a dispute arose and Gay knocked Jones down and broke his arm. May Gay be indicted for an assault and battery on Jones?

§ 24. Small, the chief of police, in order to get a conviction against Doe, gave Chase, a plain clothes man, the key to his (Small's) house and told him to get Doe in there on a pretended plan to steal. Chase persuaded Doe to take part in the plan and Doe was arrested in the house after having taken a watch. Is he guilty of larceny ↑ § 25. What are the three classes of criminal offenses?

§ 27. Olsen, by a trick obtained possession of Jay's watch. The next day Jay met Olsen on the street, and to regain his watch, knocked Olsen down and took a watch from him. Jay acted in good faith and believed that the watch that he took back was his own; in fact it was Olsen's. Is Jay guilty of robbery?

§ 28. A statute forbade the removal of a body from a grave yard without the consent of the authorities. A son, without getting the consent of the authorities, removed the body of his mother because he wished her to be buried in consecrated ground. Is he guilty under the statute?

§ 29. What are the various kinds of criminal intent that are sufficient to render a man responsible for his criminal acts?

§ 31. Holt intended to steal King's horse. By mistake he took White's. May he be indicted for the larceny of White's horse?

§ 32. Rourke was erecting a building in such a way that it encroached on the highway, thus amounting to a public nuisance. While so engaged he dropped a brick from the building and killed Barnes,

a passerby. He was not negligent in dropping it. May he be indicted for manslaughter?

§ 34. Gould, believing himself locked out of his house broke a window and so got in. After he was in he found that he was in the wrong house, but stayed there and stole a watch. Is he guilty of criminally breaking and entering?

§ 36. An abutter is indicted for putting his building six inches over the street line as established by statute. He pleads that he did not know that he was over the line. Is this a defense?

§37. Hatch cut a horse's leg to prevent him from running in a race. The horse died from the wound and Hatch was indicted for cutting the horse with intent to kill. May he be convicted under this indictment?

§ 38. Defendant is indicted for assault with intent to kill. He shot at Hill but missed him and hit Dodd. May he be convicted?

Defendant is indicted for an assault on Smith with intent to do him malicious injury. He threw a stone at Smith's horse, intending to maliciously injure the horse and it struck Smith. May he be convicted?

§ 39. May a corporation be indicted for perjury?

§ 42. Dale pointed a pistol at Hull and said "If you don't kill Colt, I will kill you." Hull was so situated that he could not get at Dale and to save his own life killed Colt. Is he guilty of homicide?

8 45. A street car conductor honestly believing that a passenger had not paid his fare put him off the car, as he would have had a right to do if he had really not paid. In fact the passenger had paid his fare. Is the conductor indictable for assault and battery?

846. Fox is indicted for maliciously setting fire to grass. The grass was on town land and Fox thought that he had a right to burn it, though in reality he did not. May he be convicted?

§ 49. Davis, while intoxicated made an attack on Balch. He would not have done so if he had not been drunk. Is this fact an excuse?

Green, while intoxicated kills Hart. He is indicted for killing with malice aforethought. Can he avail himself of his drunkenness in any way as a defense?

§ 52. Thomas is so diseased mentally that he kills Holt, being driven thereto by an insane impulse which he cannot resist although he knows that the act is morally and legally wrong. Is he criminally responsible?

§ 54. Fair urges Dale to burn Todd's house and offers him $100