ment 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 3049, 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 77, 143; 90, 520; 94, 17; 106, 447; 106, 448; § 3312. Breach of warranty of title to personal property. 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. En. March 21, 1872. § 3313. Breach of warranty of quality of personal property. The detriment caused by the breach of a warranty of the quality of personal property is deemed to be the excess, if any, of the value which the property would have had at the time to which the warranty referred, if it had been complied with, over its actual value at that time. En. March 21, 1872. Cal. Rep.Cit. 60, 287; 75, 562; 78, 610; 103, 417; 103, 418; 103, 419; 103, 420. § 3314. Breach of warranty of quality for special purpose. The detriment caused by the breach of a warranty of the fitness of an article of personal property for a particular purpose is deemed to be that which is defined by the last section, together with a fair compensation for the loss incurred by an effort in good faith to use it for such purpose. En. March 21, 1872. Cal.Rep.Cit. 65, 274; 75, 562; 78, 610. § 3315. etc. Breach of carrier's obligation to receive goods, : obligation to accept freight, messages, or passengers is deemed to be the difference between the amount which he had a right to charge for the carriage and the amount which it would be necessary to pay for the same service when it ought to be performed. En. March 21, 1872. Obligation to receive freight: Sec. 2169. § 3316. Breach of carrier's obligation to deliver. The detriment caused by the breach of a carrier's obligation to deliver freight, where he has not converted it to his own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he would have been entitled if he had completed the delivery. En. March 21, 1872. Cal.Rep.Cit. 120, 159. Delivery of property by carrier: See ante, secs. 2118, 2119. Stoppage in transitu: See ante, secs. 3076 et seq. § 3317. Carrier's delay. 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. En. March 21, 1872. Carrier's liability for delay: See ante, sec. 2196. § 3318. Breach of warranty of authority. The detriment caused by the breach of a warranty of an agent's authority is deemed to be the amount which could have been recovered and collected from his principal if the warranty had been complied with, and the reasonable expenses of legal proceedings taken, in good faith, to enforce the act of the agent against his principal. En. March 21, 1872. Warranty of authority by one assuming to act as agent: See ante, sec. 2342. § 3319. Breach of promise of marriage. The damages for the breach of a promise of marriage rest in the sound discretion of the jury. En. March 21, 1872. § 3333. Seduction. Injuries to animals. For Breach of obligation other than contract. the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not. En. March 21, 1872. Cal.Rep.Cit. 53, 58; 56, 218; 58, 242; 58, 357; 82, 599; 88, 163; 88, 164; 92, 174; 109, 106; 111, 683; 114, 451; 130, 314; 131, 151. Negligent acts in relation to fire, treble damages: Pol. Code, sec. 3344. See Recorder liable for treble damages for neglect, mistake or misconduct: See Pol. Code, sec. 4244. Sheriff, liability of for neglect or misconduct: See Pol. Code, secs. 4179, 4182-4184. § 3334. Wrongful occupation of real property. The detriment caused by the wrongful occupation of real property, in cases not embraced in sections 3335, 3344, and 3345 of this code, or section 1174 of the Code of Civil Procedure, is deemed to be the value of the use of the property for the time of such occupation, not exceeding five years next preceding the commencement of the action or proceeding to enforce the right to damages, and the costs, if any, of recovering the possession. En. March 21, 1872. Cal.Rep.Cit. 72, 330; 77, 472; 125, 566. §3335. Willful holding over. For willfully holding over real property, by a person who entered upon the same, as guardian or trustee for an infant, or by right of an estate terminable with any life or lives, after the termination of the trust or particular estate, without the consent of the party immediately entitled after such termination, the measure of damages is the value of the profits received during such holding over. En. March 21, 1872. Cal.Rep.Cit. 125, 566. Termination of trustee's estate: Ante, sec. 871. § 3336. Conversion of personal property. The detriment caused by the wrongful conversion of personal property is presumed to be: 1. The value of the property at the time of the conversion, with the interest from that time, or, where the action has been prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict, without interest, at the option of the injured party; and, 2. A fair compensation for the time and money properly expended in pursuit of the property. En. March Am'd. 1873-4, 266; 1877-8, 90. 1, 1872. § 3337. Same. The presumption declared by the last section can not be repelled, in favor of one whose possession was wrongful from the beginning, by his subsequent application of the property to the benefit of the owner, without his consent. En. March 21, 1872. § 3338. Damages of lienor. One having a mere lien on personal property cannot recover greater damages for its conversion, from one having a right thereto superior to his, after his lien is discharged, than the amount secured by the lien, and the compensation allowed by section 3336 for loss of time and expenses. En. March 21, 1872. Sec. Cal. Rep.Cit. 71, 70; 71, 71; 91, 122; 126, 290; 128, 226. Damage for conversion of personalty, generally: 3336. Levy on mortgaged chattel: See, as to duty of officer, ante, sec. 2969. § 3339. Seduction. The damages for seduction rest in the sound discretion of the jury. En. March 21, 1872. Seduction, action by unmarried female: Code Civ. Proc., sec. 374. Seduction, actions by parent or guardian: Proc., sec. 375. Code Civ. $3340. Injuries to animals. For wrongful injuries to animals being subjects of property, committed willfully or by gross negligence, in disregard of humanity, exemplary damages may be given. En. March 21, 1872. Cal.Rep.Cit. 93, 394. Dogs are property: Pen. Code, sec. 597. Pen. Code, sec. 491; injury to: Exemplary damages, generally: See sec. 3294. $3341. Same. The owner, possessor, or harborer of any dog or other animal, that shall kill, worry, or wound any sheep, angora goat, or cashmere goat, or poultry, shall be liable to the owner of the same for the damages and costs of suit, to be recovered in any court of competent jurisdiction: 1. In the prosecution of actions under the provisions of this chapter, it shall not be necessary for the plaintiff to show that the owner, possessor, or harborer of such dog or other animal, had knowledge of the fact that such dog or other animal would kill, wound or worry sheep, goats, or poultry. 2. Any person on finding any dog or dogs, or other animal, not on the premises of the owner or possessor of such dog or dogs, or other animal, worrying, wounding, or killing any sheep, angora or cashmere goats, may, at the time of finding such dog or dogs, or other animal, kill the same, and the owner or owners thereof shall sustain no action for damages against any person so killing such dog or dogs, or other animal. En. Stats. 1883, 283. Am'd. 1903, 54. Cal.Rep.Cit. Subd. 2-80, 548. |