Breach of promise of marriage. Breach of promise to 11. For a breach of a promise of marriage the damages rest in the sound discretion of the jury, under the circumstances of each case. Pitcher v. Livingston, 4 Johns., 1, 12; Denmick v. Lockwood, 10 Wend., 142, 155. 12. For a breach of an obligation to pay money only, the pay liquida amount due with lawful interest,' subject, however, to the provisions of section 623 of this Code; ted sum. Dishonor of bills of exchange. Breaches of other con tracts. Wrongful Occupation of real property. Unlawful entries on land, &c. erection of 1 Sedgw. on Dam., 236; Code La., 1929. 13. For dishonor of foreign bills of exchange, such damages as are prescribed by sections 1340 to 1343, inclusive. 14. For breaches of other contracts the measure of damages depends on the terms of the contract itself, whenever it is possible to apply them as a basis of calculation. But whenever the contract plainly appears to be unconscionable in its terms, it does not give the measure of damages. Russell v. Roberts, 3 E. D. Smith, 318. See James v. 15. For the wrongful occupation of real property, the 22 Rev. Stat., 311, § 50; Jackson v. Wood, 24 Wend., 443. It may be thought better to omit this special limitation, and leave the general limitation of actions to apply. See Jackson v. Wood, supra. The abolition of dower in future is proposed in the Second Division of this Code. This provision will leave damages in such cases to the existing statutes. 16. For unlawful entries on land, or interference with the enjoyment thereof, and for the erection or continuance of nuisances. nuisances, the amount of loss or harm directly resulting from the act complained of. Walter v. Post, 4 Abb. Pr., 382. exclusion 17. For forcibly ejecting or excluding a person from the Forcible possession of real property, three times the actual damages.' 22 R. S., 338, § 4. from pos session of real property. trees, &c. 18. For wrongful injuries to trees, timber or underwood Injuries to upon the land of another, or removal thereof, three times the actual damages, except where the trespass was casual and involuntary, or committed under the belief that the land belonged to the trespasser, or where the wood was taken by the authority of the highway officers for the purposes of the highways; in which cases the damages are the actual loss or harm.' 2 R. S., 338, §§ 1-3. sale of a 19. For the wrongful sale of a pledge, the value of the Wrongful thing pledged at the time of the application to redeem.' pledge. 1 Cortelyou v. Lansing, 2 Cai. Cas., 200. conversion property. 20. For the wrongful taking and conversion of personal Wrongful property other than things in action, the highest market of personal value of the property between the conversion and the trial,' with a fair compensation for time lost and expenses incurred in the pursuit of the property. But in actions arising upon a lien, the damages cannot exceed the amount of the lien.' 1 Sedgwick on Damages, 479, and cases; Wilson v. Matthews, 24 Barb., 295. animals. 21. For injuries to animals, committed wilfully, or by Injuries to gross negligence, in disregard of humanity, exemplary damages may be given. § 1506. The damages prescribed by the last section do not include the exemplary damages which may be given in cases of fraud, oppression or malice, actual or presumed, except as therein expressly provided. Cases of pression fraud, op and malice. TITLE III. SPECIFIC AND PREVENTIVE RELIEF. CHAPTER I. General Principles. II. Specific Relief. III. Preventive Relief. IV. Mixed and General Relief. CHAPTER I. GENERAL PRINCIPLES. SECTION 1507. Specific and preventive relief distinguished. 1508. In what cases allowed. § 1507. In certain cases, where a thing claimed can be taken and delivered to the claimant, or where compensation in damages for a loss by the unlawful act or omission of another would not satisfy the ends of justice, relief may be had of a more specific and immediate nature. Such relief may be given in three modes: 1. By taking possession of the thing and delivering it to the claimant; 2. By requiring the party to do that which ought to be done; and, 3. By preventing the party from doing that which ought not to be done. Each of the first two modes is called Specific, and the third Preventive Relief. specific and relief dis preventive tinguished. cases § 1508. Whenever an inequitable loss or harm would In what otherwise fall upon a person, from circumstances beyond allowed. his own control, or from his own acts done in entire good faith and in the performance of a supposed duty, without culpable negligence, he may be relieved, by the tribunals, in such manner as may be most just to all parties con cerned. Story Eq. Jurisp., § 89. CHAPTER II. SPECIFIC RELIEF. ARTICLE I. Possession of real property. V. Rescission of contracts. Immediate possession. Cloud on title, &c. ARTICLE I. POSSESSION OF REAL PROPERTY. SECTION 1509. Immediate possession. 1510. Cloud on title, &c. § 1509. When one claiming specific real property is entitled to the immediate possession thereof, he may have the same taken and delivered to him as provided by the CODE OF CIVIL PROCEDURE. § 1510. When one claiming real property, or an interest therein, is not entitled to the immediate possession thereof, because another is in possession under a title acquired by fraud or mistake, or on which by reason of a fiduciary relation or for some other reason it is inequitable to rely, or when one being in possession seeks to remove a cloud upon his title, the court may require the party in possession and any other person to do that which ought to be done for the protection of the claimant's rights. |