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(Wilson), § 2745; Comp. Laws 1909 (Snyder), § 2903. South Dakota, Rev. Codes 1903, C. C. § 2308. b Texas, Civ. Stats. 1897 (Sayles), Art. 322.

a Hawail, § 1745, see note to Cal. Civ. Code§ 3300, page 1722.

b Texas, Art. 322. Common carriers are required, when they receive goods for transportation, to give to the shipper, when it is demanded, a bill of lading or memorandum in writing, stating the quantity, character, order and condition of the goods; and such goods shall be delivered, in the manner provided by common law, in like order and condition to consignee, the unavoidable wear and

tear and deterioration in due course of transportation only excepted; and in case such common carrier shall fail to deliver goods as above required, they shall be liable to the party injured for his damages, as at common law; and in case such common carrier (s) shall fail to liver a bill of lading or memorandum in writing, as above required, they shall be liable to a penalty of not less than five nor more than five hundred dollars, to be recovered as in the preceding article.

Detriment caused by carrier's delay in delivery.

California, § 3317. The detriment caused by a carrier's delay in the delivery of freight, is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation. if any, in the market value thereof, otherwise than by reason of a depreciation in its intrinsic value, at the place where it ought to have been delivered, and between the day at which it ought to have been delivered, and the day of its actual delivery. (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 ncte succeeding and the difference there shown:

• Hawaii, Rev. Laws 1905, § 1745. b Montana, Rev. Codes 1907, § 6065. North Dakota, Rev. Codes 1905, § 6579. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2746; Comp. Laws 1909 (Snyder), § 2904. South Dakota, Rev. Codes 1903, C. C. § 2309.

a Hawaii, § 1745, see note a to Cal. Civ. Code § 3300, page 1722. b Montana, § 6065, substantially same as Cal. Civ. Code § 3317, except in the second line the words "the depreciation" are omitted between "to be" and "in the."

§ 443. DAMAGES FOR BREACH OF CONTRACTS RELATING TO REAL PROPERTY.

Detriment caused by breach of covenant of seizin, etc.

California, § 3304. The detriment caused by the breach of a covenant of "seizin," of "right to convey," of "warranty," or of "quiet enjoyment," in a grant of an estate in real property, is deemed to be: 1. The price paid to the grantor; or, if the breach is partial only, such proportion of the price as the value of the property affected by

the breach bore at the time of the grant to the value of the whole property;

2. Interest thereon for the time during which the grantee derived no benefit from the property, not exceeding five years;

3. Any expenses properly incurred by the covenantee in defending his possession. (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:

& Hawaii, Rev. Laws 1905, § 1745. Montana, Rev. Codes 1907, §6052. North Dakota, Rev. Codes 1905, §6566. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2733; Comp. Laws 1909 (Snyder), § 2891. d South Dakota, Rev. Codes 1903, C. C. § 2296.

a Hawall, § 1745, see note a to Cal. Civ. Code $ 3300, page 1722.

b North Dakota, § 6566, substantially same as Cal. Civ. Code $3304, except near the end of sub. 2, change "five" to "six" before "years."

c Oklahoma, § 2733, same as North Dakota § 6566.

d South Dakota, Civ. Code § 2296, same as North Dakota $ 6566.

Detriment caused by breach of covenant against encumbrances. California, § 3305. The detriment caused by the breach of a covenant against encumbrances in a grant of an estate in real property is deemed to be the amount which has been actually expended by the covenantee in extinguishing either the principal or interest thereof, not exceeding in the former case a proportion of the price paid to the grantor equivalent to the relative value at the time of the grant of the property affected by the breach, as compared with the whole, or, in the latter case, interest on a like amount. (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 Hawaii, Rev. Laws 1905, § 1745. b Minnesota, Rev. Laws 1905, § 3345. Montana, Rev. Codes 1907, § 6053. North Dakota, Rev. Codes 1905, § 6567. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), §2734; Comp. Laws 1909 (Snyder), § 2892. South Dakota, Rev. Codes 1903, C. C. § 2297.

a Hawail, § 1745, see note a to Cal. Civ. Code § 3300, page 1722.

b Minnesota, $3345. Whoever conveys real estate by deed or mortgage containing a covenant that it is free from all encumbrances, when an encumbrance, whether known to him or not, appears of record to exist thereon, but does not exist in fact, shall be liable in an action of contract to the grantee, his heirs, executors, administrators, successors, or assigns, for all damages sustained in removing the same.

Breach of agreement to convey real estate.

California, § 3306. The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case of bad faith, the difference between the price agreed to be paid and the value of the estate agreed to be conveyed, at the time of the breach, and the expenses properly incurred in preparing to enter upon the land. (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:

• Hawaii, Rev. Laws 1905, § 1745. Montana, Rev. Codes 1907, §6054. b North Dakota, Rev. Codes 1905, § 6568. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2735; Comp. Laws 1909 (Snyder), § 2893. South Dakota, Rev. Codes 1903, C. C. § 2298.

& Hawaii, § 1745, see note a to Cal. Civ. Code $ 3300, page 1722.

b North Dakota, § 6568. The detriment caused by the breach of an agreement to convey an estate in real property is the difference between the price agreed to be paid and the value of the estate agreed

to be conveyed at the time of the breach and the expenses properly incurred in examining the title with interest thereon, and in preparing to enter upon the land and the amount paid on the purchase price, if any, with interest thereon from the time of the breach.

Breach of agreement to buy real estate.

California, § 3307. The detriment caused by the breach of an agreement to purchase an estate in real property, is deemed to be the excess, if any, of the amount which would have been due to the seller, under the contract, over the value of the property to him. (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, § 6055. Oklahoma, Rev. and Ann. Stats. (Snyder), § 2894. South Dakota,

a Hawaii, Rev. Laws 1905, § 1745. b North Dakota, Rev. Codes 1905, § 6569. 1903 (Wilson), § 2736; Comp. Laws 1909 Rev. Codes 1903, C. C. § 2299.

• Hawaii, § 1745, see note a to Cal. Civ. Code $3300, page 1722.

b North Dakota, § 6569, substantially same as Cal Civ. Code $ 3307, except at the end omit "to him" after "property."

§ 444. DAMAGES FOR BREACH OF CONTRACTS RELATING TO PER

SONAL PROPERTY.

Breach of agreement to deliver personal property not paid for. California, § 3308. The detriment caused by the breach of a seller's agreement to deliver personal property, the price of which has not been fully paid in advance, is deemed to be the excess, if any, of the value of the property to the buyer, over the amount which would have been due to the seller under the contract, if it had been fulfilled. (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:

• Hawaii, Rev. Laws 1905, § 1745. Montana, Rev. Codes 1907, § 6056. North Dakota, Rev. Codes 1905, §6570. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2737; Comp. Laws 1909 (Snyder), § 2895. South Dakota, Rev. Codes 1903, C. C. § 2300.

a Hawaii, § 1745, see note a to Cal. Civ. Code § 3300, page 1722.

Breach of agreement to deliver personal property paid for. California, §3309. The detriment caused by the breach of a seller's agreement to deliver personal property, the price of which has been fully paid to him in advance, is deemed to be the same as in case of wrongful conversion. (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 Hawaii, Rev. Laws 1905, § 1745. Montana, Rev. Codes 1907, § 6057. North Dakota, Rev. Codes 1905, § 6571. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2738; Comp. Laws 1909 (Snyder), § 2896. South Dakota, Rev. Codes 1903, C. C. § 2301.

• Hawaii, § 1745, see note a to Cal. Civ. Code § 3300, page 1722.

Breach of agreement to accept and pay for personal property sold. California, § 3310. The detriment caused by the breach of a buyer's agreement to accept and pay for personal property, the title to which is vested in him, is deemed to be the contract price. (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, § 6058. North
Oklahoma, Rev. and Ann. Stats. 1903

• Hawaii, Rev. Laws 1905, § 1745. Dakota, Rev. Codes 1905, § 6572. (Wilson), § 2739; Comp. Laws 1909 (Snyder), § 2897. South Dakota, Rev. Codes 1903, C. C. § 2302.

& Hawaii, § 1745, see note a to Cal. Civ. Code § 3300, page 1722.

Breach of buyer's agreement in conditional sale.

California, § 3311. The detriment caused by the breach of a buyer's agreement to accept and pay for personal property, the title to which is not vested in him, is deemed to be:

1. If the property has been resold, pursuant to section three thousand and forty-nine, the excess, if any, of the amount due from the buyer, under the contract, over the net proceeds of the resale; or,

2. If the property has not been resold in the manner prescribed by section three thousand and forty-nine, the excess, if any, of the mount due from the buyer, under the contract, over the value to the seller, together with the excess, if any, of the expenses properly incurred in carrying the property to market, over those which would have been incurred for the carriage thereof, if the buyer had accepted it. (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 Hawaii, Rev. Laws 1905, § 1745. Dakota, Rev. Codes 1905, § 6573. (Wilson), § 2740; Comp. Laws 1909 (Snyder), § 2898. South Dakota, Rev. Codes 1903, C. C. § 2303.

Montana, Rev. Codes 1907, § 6059. North
Oklahoma, Rev. and Ann. Stats. 1903

a Hawaii, § 1745, see note a to Cal. Civ. Code $ 3300, page 1722.

Breach of warranty of title to personal property.

California, § 3312. The detriment caused by the breach of a warranty of the title of personal property sold, is deemed to be the value thereof to the buyer, when he is deprived of its possession, together with any costs which he has become liable to pay in an action brought for the property by the true owner. (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:

• Hawaii, Rev. Laws 1905, § 1745. Montana, Rev. Codes 1907, § 6060. North Dakota, Rev. Codes 1905, § 6574. Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2741. South Dakota, Rev. Codes 1903, C. C. § 2304.

Hawaii, § 1745, see note a to Cal. Civ. Code $ 3300, page 1722.

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