44 Minn. 30 | Minn. | 1890
This case appears for a second time in this court, it having been heretofore reported in 39 Minn. 24, (38 N. W. Rep. 686,) where it was held that plaintiff might recover, as for fraud, upon evidence going to show false representations by defendant, made as of his own knowledge, respecting the title to real estate, to plaintiff, who, being ignorant of the facts, purchased relying upon the representations. From the testimony in the case as certified up, it appears that, while this transaction is not the one considered in an action between these same parties, (41 Minn. 279, 43 N. W. Rep. 53,) it is of the same general character. It was a trade or exchange of a quantity of personal property (merchandise) owned by plaintiff for several tracts of land owned or controlled by defendant. In the case just mentioned, defendant, after receiving the personalty, refused to convey certain of the tracts of land as he had agreed to do, and plaintiff’s action was upon contract; while in this the title as to one
The principal contention between the parties is as to the measure of damages, and upon this matter the trial court erred in its rulings, as well as when charging the jury. The amount the plaintiff was ■entitled to recover was not the price fixed or placed by the parties, when making their trade, upon the tract of land in question, for the action was in tort; and if the jury believed that defendant was guilty of the false and fraudulent representations alleged, and that plaintiff parted with his property relying upon the same, then defendant was bound to make good the loss sustained, — he was liable to respond in such damages as naturally and proximately resulted from the fraud. But that would not necessarily be the fixed price placed upon the real estate by the parties. It might be less, and it might prove to be more. The actual loss sustained was the market value of the personal property which by means of a fraudulent act defendant had secured from the plaintiff. It was not a question of what the latter might have gained, but of what he lost by reason of defendant’s deception. The suit was not brought for breach of contract, but the gravamen of the complaint was the alleged deceit and fraud of the defendant, by means of which the plaintiff was induced to part with his property. The actual loss which he sustained, and for which he ■can recover, is the value of the property so parted with. This is the true measure of damages in cases of this nature. Smith v. Bolles, 132 U. S. 125, (10 Sup. Ct. Rep. 39;) Woolenslagel v. Runals, 76 Mich. 545, (43 N. W. Rep. 454.)
This conclusion forces upon us a consideration of the manner in which this value may be ascertained, under the circumstances presented by the uncontradicted testimony in this case; the plaintiff having exchanged a quantity of merchandise for three distinct tracts -of land, the title of one parcel only, conveyed by a separate deed, proving defective. The counsel for appellant claims that there is no method of establishing by testimony the value of that portion of the merchandise, traded for this particular piece, of. real' property, quoting, in support of his position, a remark inadvertently made by the
Order reversed.