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One measure of damages for breach of warranty is “the difference between the actual value of the property and its value if it had been as represented.” Wallace v. Hallowell, 56 Minn. 501, 507, 58 N.W.

Wallace v. Hallowell, 56 Minn. 501, 508 , 58 N.W.

The trial court correctly instructed the jury in accordance with the principles of law stated in Wallace v. Hallowell, 56 Minn. 501, 506, 508 , 294 , where it was said: “* * * In accordance with the cardinal principle that compensation should be commensurate with the loss, the rule is, and always has been, that in actions of deceit, or for fraudulent representations, the damages recoverable are all those which naturally and prox

The basic principle in similar cases was stated by Mr. Justice Mitchell in Wallace v. Hallowell, 56 Minn. 501, 506 , , as follows: *99 “* * * In accordance with the cardinal principle that compensation should be commensurate with the loss, the rule is, and always has been, that in actions of deceit, or for fraudulent representations, the damages recoverable are all those which naturally and proximately resul

1 Wallace v. Hallowell, 56 Minn. 501 , ; Magnuson v. Burgess, 124 Minn. 374 , ; Barthelemy v. Foley Elev.

5 Houchin v. Braham Investment Co. 202 Minn. 540 , ; Perkins v. Meyerton, 190 Minn. 542, 545 , , 560; Townsend v. Jahr, 147 Minn. 30 , ; Brody v. Foster, 134 Minn. 91 , , L. R. A. 1916F, 780; Nelson v. Gjestrum, 118 Minn. 284 , ; Vilett v. Moler, 82 Minn. 12 , ; Wallace v. Hallowell, 56 Minn. 501 , ; Stickney v. Jordan, 47 Minn. 262 , ; Reynolds v. Franklin, 44 Minn. 30 , , 20 A. S. R. 540; Rockefeller v. Merritt (8 Cir.) 76 F. 909 , 35 L. R. A. 633; Tischer v. Bardin, 155 Minn. 361 , .

Stickney v. Jordan, 47 Minn. 262 , ; Nelson v. Gjestrum, 118 Minn. 284 , ; Wallace v. Hallowell, 56 Minn. 501 , ; Townsend v. Jahr, 147 Minn. 30 , .

Plaintiff complains that the city is making such of it, but it seems to forget that nature, and not the city, has made this place such dumping ground, and that the city has never relieved the land of such servitude.” The court asked ( 56 Minn. 501 , , 23 L. R. A. 88, 45 A. S. R. 491) : “* * * Can the owner of a swamp improve it, and then compel the owner of the high land around it to keep the surface water naturally tributary to the swamp from coming from the higher lands upon the swamp ?” and a

Wallace v. Hallowell, 56 Minn. 501 , .

In Wallace v. Hallowell, 56 Minn. 501 , , the court said that, where damages result from a fraud, the defrauded party may be allowed to recover different and greater damages than he could have recovered viewing the fraudulent representations merely as a warranty, and that one is liable on his warranty, considered merely as such, only to the e

540; Wallace v. Hallowell, 56 Minn. 501 , .

540; Stickney v. Jordan, 47 Minn. 262 , ; Wallace v. Hallowell, 56 Minn. 501 , ; Nelson v. Gjestrum, 118 Minn. 284 , .

It was first announced in Reynolds v. Franklin, supra, and since followed in Redding v. Godwin, 44 Minn. 355 , ; Stickney v. Jordan, supra; Fixen v. Blake, 47 Minn. 540 , ; Wallace v. Hallowell, 56 Minn. 501 , ; Mountain v. Day, 91 Minn. 249 , ; Ritko v. Grove, 102 Minn. 312 , ; Hanson v. Hellie, 107 Minn. 375 , ; Knight v. Leighton, 110 Minn. 254 , ; Selover, Bates & Co. v. Freeman, 111 Minn. 318 , ; and Freeman v. F. P. Harbaugh Co. 114

540; Fixen v. Blake, 47 Minn. 540 , ; Wallace v. Hallowell, 56 Minn. 501 , ; Ritko v. Grove, 102 Minn. 312 , .

540; Stickney v. Jordan, 47 Minn. 262 , ; Wallace v. Hallowell, 56 Minn. 501 , ; Mountain v. Day, 91 Minn. 249 , .

COLLINS, J. Tbe issues raised by tbe pleadings herein were stated in a former opinion ( 56 Minn. 501 , ), at which time an order denying plaintiff’s motion for a new trial was reversed,, and the case remanded, with directions to the court below to grant a new trial as to the amount of damages defendants were entitled to on the counterclaim, or as to all of the issues, as it saw flit.