Addie Celler, Respondent, v. John P. Montfort and J. Ralph Montfort, Appellants

Addie Celler, Respondent, v. John P. Montfort and J. Ralph Montfort, Appellants. Plaintiff’s verdict for the full purchase price of the cow cannot be upheld, because plaintiff had not rescinded the sale by notifying defendants that she elected to return the cow. Neither did the evidence sufficiently establish plaintiff’s damages from breach of the vendors’ warranty that the cow was then in condition to breed. If such damages were suffered, they would be measured by the difference in value at the day of sale between the cow as warranted, and her value in the actual condition at time of sale. The judgment of the County Court of Dutchess county is, therefore, reversed and a new trial ordered in said court, with costs to appellants to abide the event. [MAJORITY] Jenks, P. J., Rich, Putnam, Kelly and Jaycox, JJ., concur.