FORM No. 1050-Order for deposit in court, or the delivery to another party, of money or other property. [Title of court and cause.] It appearing to the satisfaction of the court that has in his possession [or under his control] the sum of $ [or the following-described personal property, to wit: (Here describe the same)], which sum [or property) is the subject of litigation in this action; that the same is held by him as trustee for , it is ordered, that said , [or which belongs to, or is due to] and that he, said [trustee,] disclaims any interest therein [or it appearing on the examination of said that he has no interest therein): Now, on motion of , the attorney for deposit said money in court [or deliver the said property to who is hereby authorized to receive the same,] upon the following conditions: [Describe them], [he, the said receiver thereof, to hold the same) subject to the further direction and orders of the court. [Date.] , S. T., Judge. § 439. Nature and extent of compensatory relief. § 440. Interest as damages § 441. Damages for breach of contracts, generally. § 442. Damages for breach of carriers' obligations. .. § 443. Damages for breach of contracts relating to real property....... § 444. Damages for breach of contracts relating to personal property.. § 445. Damages for wrongs Page 1716 1719 1722 1724 1725 1728 1730 1737 1742 § 439. NATURE AND EXTENT OF COMPENSATORY RELIEF. Species of relief provided by the code. California, § 3274. As a general rule, compensation is the relief or remedy provided by the law of this state for the violation of private rights, and the means of securing their observance; and specific and preventive relief may be given in no other cases than those specified in this part [relating to relief) of the Civil Code. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 6038. North Dakota, Rev. Codes 1905, § 6554. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), §2721; Comp. Laws 1909 (Snyder), § 2879. South Dakota, Rev. Codes 1903, C. C. § 2284. Person suffering detriment may recover damages. California, § 3281. Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, §6040. North Dakota, Rev. Codes 1905, § 6556. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2723; Comp. Laws 1909 (Snyder), § 2881. South Dakota, Rev. Codes 1903, C. C. § 2286. Detriment defined. California, § 3282. Detriment is a loss or harm suffered in person or property. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 6041. North Dakota, Rev. Codes 1905, § 6557. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), §2724; Comp. Laws 1909 (Snyder), § 2882. South Dakota, Rev. Codes 1903, C. C. § 2287. Detriment resulting, or certain, after suit brought. California, § 3283. Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 6042. North Dakota, Rev. Codes 1905, § 6558. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2725; Comp. Laws 1909 (Snyder), § 2883. South Dakota, Rev. Codes 1903, C. C. § 2288. Value, how estimated in favor of seller. California, § 3353. In estimating damages, the value of the property to a seller thereof is deemed to be the price which he could have obtained therefor in the market nearest to the place at which it should have been accepted by the buyer, and at such time after the breach of the contract as would have sufficed, with reasonable diligence, for the seller to effect a resale. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 6084. North Dakota, Rev. Codes 1905, § 6597. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2764; Comp. Laws 1909 (Snyder), § 2922. South Dakota, Rev. Codes 1903, C. C. § 2327. Limitation of damages. California, § 3358. Notwithstanding the provisions of this chapter, [as to measure of damages] no person can recover a greater amount in damages for the breach of an obligation than he could Jury's Pl.-109. have gained by the full performance thereof on both sides, except in the cases specified in the articles on exemplary damages and penal damages, and in section thirty-three hundred and nineteen, thirtythree hundred and thirty-nine, and thirty-three hundred and forty. (Kerr's Cyc. Civ. Code.) For sections referred to in the above section, see page 1723 ($ 3319), page 1734 (§3339), page 1738 (§3340), and page 1737 et seq., (sections relating to exemplary damages). The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 6086. North Dakota, Rev. Codes 1905, § 6599 Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2766; Comp. Laws 1909 (Snyder), § 2924. South Dakota, Rev. Codes 1903, C. C. § 2329. Damages to be reasonable. California, § 3359. Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing. Where the provisions differ materially from the above, a further reference is made in a lettered note succeeding and the difference there shown: Montana, Rev. Codes 1907, § 6087. North Dakota, Rev. Codes 1905, § 6600. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2767; Comp. Laws 1909 (Snyder), § 2925. South Dakota, Rev. Codes 1903, C. C. § 2330. • Wisconsin, Stats. 1898 (San. & Ber. Ann.), § 2887. a Wisconsin, § 2887. Whenever damages are recoverable the plaintiff may claim and recover, if he show himself entitled thereto, any rate of damages which he might have heretofore recovered for the same cause of action, except as provided otherwise in special cases. Nominal damages. California, § 3360. When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, §6088. North Dakota, Rev. Codes 1905, § 6601. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2768; Comp. Laws 1909 (Snyder), § 2926. South Dakota, Rev. Codes 1903, C. C. § 2331. § 440. INTEREST AS DAMAGES. Interest recoverable with damages. California, § 3287. Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act. of the creditor, from paying the debt. The following statutes treat of the same subject as the foregoing: Montana, Rev. Codes 1907, § 6043. North Dakota, Rev. Codes 1905, § 6559. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2726; Comp. Laws 1909 (Snyder), § 2884. South Dakota, Rev. Codes 1903, C. C. § 2289. Interest in actions not arising from breach of contract. California, § 3288. In an action for the breach of an obligation not arising from the contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing. Where the provisions differ materially from the above, a further reference is made in a lettered note succeeding and the difference there shown: a Missouri, Ann. Stats. 1906, § 2869. Montana, Rev. Codes 1907, § 6044. ► New Mexico, Comp. Laws 1897, § 3219. North Dakota, Rev. Codes 1905, §6560. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2727; Comp. Laws. 1909 (Snyder), § 2885. South Dakota, Rev. Codes 1903, C. C. § 2290. a Missouri, § 2869. The jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, give damages, in the nature of interest, over and above the value of the goods at Rate stipulated by contract-When superseded. California, § 3289. Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a verdict or other new obligation. (Kerr's Cyc. Civ. Code.) The following statutes treat of the same subject as the foregoing. Where the provisions differ materially from the above, a further reference is made in a lettered note succeeding and the difference there shown: a Arizona, Rev. Stats. 1901, 2774. b Arkansas, Dig. of Stats. 1904 (Kirby), § 5388. • Colorado, Rev. Stats. 1908, § 3163. dlowa, Ann. Code 1897, § 3039. • Kansas, Gen. Stats. 1905 (Dassler), § 3721. ↑ Minnesota, Rev. Laws 1905, §2733. & Missouri, Ann. Stats. 1906, § 3707. Montana, Rev. Codes 1907, |