30. Carriers. Upon a total failure to deliver goods, the carrier is liable for the value of the goods at their place of destina tion, with interest, deducting the freight. 12 Serg. & R. Penn. 186; 8 Johns. N. Y. 213; 10 id. 1; 14 id. 170; 15 id. 24; 14 Ill. 146; 24 N. H. 297; 1 Cal. 108 ; 10 La. Ann. 412; 5 Rich. So. C. 462; 9 id. 465; 17 Mass. 62. Upon a failure to take the goods at all for transportation, he is liable for the difference between the value at the place of shipment and a,t the .place of destination, less his freight; or, if another conveyance can be found, the difference between the freight, agreed on with defendant, and the sum (if greater) which the shipper would be com pelled to pay another carrier. 10 Watts, Penn. 418 ; 4 N. Y. 340 ; 1 Abb. Adm. 119. Upon a delay to deliver the goods, the plaintiff is entitled to an indemnity for his loss in curred by the delay, taking into account any fall in the market occurring between the time when the property should have been de livered by the carrier and the time when it actually was. 12 N. Y. 509 ; 22 Barb. 278. But see 19 Barb. N. Y. 36.
31. Collision. The general principle fol lowed by the courts of admiralty in cases of collision between vessels is that the damages awarded against the offending vessel must be sufficient to restore the other to the condition she was in at the time of the collision, if resto ration is practicable. Both damages to vessel and .eargo are to be made good. But hy.. pothetical and consequential damages are excluded. The loss of the use of the injured vessel while undergoing repairs is proper to be included. If the injured vessel is a total loss, her market-value at the time is the measure of damages. Consult Abbott, Adm. 100 ; Olc. Adm. 188, 246, 388, 444, 505; 13 How. 106 ; 17 id. 170 ; 2 Wall. Jr. C. C. 52; 6 McLean, C. C. 238.
32. Contracts. Where a contract pre scribes a price to be paid, the compensation recoverable for a part-performance will be measured by the contract price if practicable, and not by the actual value of tbe services or goods, etc. furnished.
Contracts for Land. Where a vendor of real property fails to convey according to his contract, a distinction is taken, in many of the cases, growing out of the motive of the party in default. If he acted in good faith and supposed he had good title and could convey, the _purchaser's damages have been limited to the amount of his advance, if any, interest, and expenses of examining the title. 2 W. Blackst. 1078 ; 10 Barnew. & C. 416; 8 C. B. 133 ; 2 Wend. N. Y. 399 ; 4 Den. N. Y. 546 ; 6 Barb. N. Y. 646 ; 20 N. Y. 140; 2 Bibb, Ky. 415 ; 1 Litt. Ky. 358; 9 Md. 250 ; 11 Penn. St. 127. But in case of a wil ful or fraudulent refusal to convey, the pur chaser has been held entitled to the value of the land, with interest. 6 Barnew. & C. 31; 1 Exch. 850 ; 6 Wheat. 109 ; Hard. Ky. 41 ; 2 Bibb, Ky. 40, 434 ; 9 Leigh, Va. 111. See 21 Me. 484 ; 21 Vt. 77 ; 1 Iowa, 26 ; 9 Ala. N. s. 252 ; 12 id. 820 ; 19 id.184 ; 1 Gill & J. Md. 440 ; 11 Ired. No. C. 99 ; 14 B. Monr. Ky. 364.
When the purchaser refuses to perform, tbe measure has bee'n held, in England, to be the difference between the price fixed in the con tract and the value of the land at the time fixed for the delivery of the deed. 7 Mees.
W. Exch. 474 ; 17 Barb. N. Y. 260. But ths rule does not appear to be well settled in this country. See 4 Me. 258 ; 21 Wend. N. Y. 457 ; 24 id. 304 ; 2 Den. N. Y. 610 ; 18 Vt. 27.
33. Eviction. The damages recoverable for an eviction, in an action for breach of covenants of seisin and warranty in a deed, are the consideration-money, interest thereon, and the costs, if any, of defending the evic tion, 6 Watts & S.; in Arkansas; 1 Ark. 323; Georgia, 17 Ga. 602 ; Illinois, 2 111. 310 ; In diana, 2 Blackf. Ind. 147; Kentucky, 4 Dan. Ky. 253 ; Mississippi, 31 Miss. 433 ; Mis souri, 1 Mo. 552 ; 3 id. 391 ; 19 id. 435 ; North Carolina, 2 Dev. No. C. 30 ; New Hampshire, 25 N..H. 229 ; 30 id. 531 ; New Jersey, 4 Heist. N. J. 139 ; New York, 4 Johns. N. Y. 1 ; 13 id. 50 ; 13 Barb. N. Y, 267; Ohio, 3 Ohio, 211 ; see 8 id. 49 ; 10 id. 317 ; Pennsylvania, 4 Dall. 441 ; 12 Penn. St, 372 ; 27 id. 288 ; South Carolina, 1 McCord, 585 ; 2 id. 413 ; Tennessee, 2 Wheat. 64 ; 8 Humphr. Tenn. 647; Virginia, 2 Rand. Va. 132 : 2 Leigh, Va. 451 ; 11 id. 261 ; while in Connecticut, 14 Conn. 245 ; Louisiana, 13 La. 143 ; Maine, 12 Me. 1 ; 27 ic/. 525 ; Mas sachusetts, 3 Mass. 523 ; 4 id. 108 ;. 2 Mete. Mass. 518 ; 9 id. 63; and Vermont, 12 Vt. 481, it is the value of the land at the time of eviction, together with the expenses of the suit, etc. See 2 Greenleaf, Ev. .2 264 ; Sedg wick, Dam. 165 ; 4 Kent, Comm. 474.
34. Incumbrancea. On breach of a covenant in a deed against incumbrances, the purchaser ie entiptled to recover his ex penses incurred in exfinguishing the incum biance. 22 Pick. Mass. 490 ; 1 Du. N. Y. 331 ; 7 Johns. N. Y. 358 ; 13 id. 105 ; 16 id. 122 ; 34 Me. 422 ; 4 Ind. 130.
Insurance. In cases of loss of eods which have been insured from maritime dangers, when an adjustment is made, the damages are settled by valuing the property, not according to prime cost, but at the price at which it may be sold at the time of settling the average. Marshall, Ins. b. 1, c. 14, s. 2, p. 621. gee ADJUSTMENT.
35. Salea. Where the seller of chattels fails to perform his agreement, the measure of damages is the difference between the con tract-price and the market-value of the article at the time and place fixed for delivery. 5 N. Y. 537 ; 12 id. 41 ; 3 Mich. 55 ; 6 McLean, C. C. 102, 497 ; 4 Tex. 289 ; 12 184. The same rule applies ae to the deficiency where there is a part-delivery only. 16 Q. B. 941. Where, however, the purchaser has paid the price in advance, some of the cases, particu larly in England and New York, allow the highest market.price up to the time of the trial. Where the purchaser refuses to take and pay for the goods, the seller may sell them fairly, and charge the buyer with the differ ence between the contract-price and the best market-price obtainable within a reasonable time after the refusal. Where the goods are delivered and received, but do not correspond in quality with a warranty given, the vendee may recover the difference between the value of the goods delivered and the value they would have had if they had corresponded with the contract.
A corruption of liai son de Dieu.