...subject-matter of the contract was worth by reason of tlie breach of contract ; and to the extent that lie obtains, or is capable of obtaining, an abatement of price on that account, he must be taken as having received satisfaction for the breach of contract, and is precluded from recovering...

...good (10) 7 East, 181 note (a). •278 TRINITY TERM, 1871. 279 dcal relied on in the argument that " to the extent that he obtains or is capable of obtaining an abatement of price, he must be considered as having received satisfaction for the breach of contract," has reference to...

...breach of contract, but simply to show how much the subject of the action was worth by reason of the breach of contract, and to the extent that he obtains,...precluded from recovering in another action to that extent and no more. All the plaintiff could by law be allowed in diminution of damages on the former trial,...

...defend himself, by showing how much less the subject matter of the action was worth, by reason of the breach of contract ; and to the extent that he obtains,...recovering in another action to that extent, but no more. This last Decision bears out Mr. LEGALL'S argument that the Defendants are not estopped, by their action...

...cross action. The expression of Parke, B., which was a good deal relied on in the argument, that " to the extent that he obtains, or is capable of obtaining, an abatement of price, he must be considered as having received satisfaction for the breach of contract,' has reference to...