The record-union., 1898-02-26
SUPREME COURT DECISIONS.
SYLLABI.
q. A, No. 1S4-In Bank-Ffled Febru-

LLAb1.
q. A., No. 1S4-In Bank-Ffled Febru-
airy 23, 1889
r. w. Pierce, respondent; Southern
Pacific Company, appellant. Action
against railroad company as common
carrier for loss of goods spoiled in con-
veyance. Opinion of Department / re-
versing judgment affirmed in bank.
The ordinary measure of damages for
breach of carriers obligation to de-
liver freight is the value of the goods
at the time and place of delivery. &C. G.
section 1916, but this liability may be
limited by special contract &C. c., sec
ton 217D. In the case of a special con-
tract making the invoice price at the
point of shipment the measure of dam
ages, the actual value of the goods at
the point of shipment when loaded and
ready for transportation is TO be taken.
O.. A., No. 259-Department One-Filed
February %, 1889
Bradner w. Lee, appellant; j. w.
McClelland respondent. Action on
promissory note Endorsed to PLAINTIFF
before maturity. Reversed.
Statements made by a seller Of land,
regarding the extraordinary fecundity
of the soil, even admittedly to induce
a purchase, cannot be made the predi-
cate of false or fraudulent representa-
tons. such as Will avoid a contract of
sale They are the exaggerated and, it
may be, the reckless declarations of an
eager trader. crying his wares-holding
out the golden promise of profit to in
duce sale: but, after all, they are but
the expressions of the vendors opinion,
actual or pretended, upon which the
purchaser will rely at his peril.
Where there is no averment which
excludes the idea of personal inspection
by the purchaser, the purchaser should
exercise his own judgment and is not
entitled to relief in equity.
Where a party, having had full OPP
portunity during the life of one contract
to inyes tigate and ascertain the char
aeter of the property in respect Of
which it was made, chooses, without
objection, or the disclosure of the facts
subsequently asserted as vitiating the
contract in its inception, TO voluntarily
enter into a new contract more fayora-
BILE to him in its terms and secured at
his own solicitation, he must be held
to have waived the fraud. if any, which
might have vitiated the first contract.
IL. A, No. 415-Department One-Filed
February %, 1889
William n. Bradbury, admir-. etc, APP
pellant; Josiah n. Davenport, ct al,
responsendts Mortgage. Affirmed.
Section 1850, c. c., does not affect or
refer TO a subsequent contract between
the mortgagor and MORTGAGE in re-
spect to the title to the mortgaged
premises. A mortgagor may sell and
convey all his right and interest in the
mortgaged premises to the mortgage,
where the transaction is fair, honest
and without fraud. and where no I'M
considerable advantage has been taken
of his position by the mortgage.
Such a transaction is complete and
operative and irrevocable from the de-
livery of the contract and deed to the
depository, and is effectual to vest the
legal title in the grantee upon the con-
dition of the contract being fulfilled.
Grim, No. 391-Department One-Filed
February "a, 1889
People. respondent; John Vasalo, APP
pellant. Burning insured property with
intent to defraud the insurer. Az
firmed.
Where the court is engaged in the
hearing of criminal cases during the