This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...which the defendant has invaded; while, on the other hand, it has held that they are not so recoverable where the gist of the action is the recovery of damages and there is a failure to prove substantial damages. This court is not alone in so holding, although it is not the uniform rule, and the text cited was but marking this distinction; it was not intended to be said that nominal damages could be recovered only in actions where substantial damages could not be proven. But, conceding the instruction to be contrary to our holdings, it is not error of which the appellants can complain. Since the gist of the present action is to recover damages, to instruct that nominal damages were recoverable if they found there had been a breach of contract and substantial damages had not been proven is an error for which the respondents could have complained, but it is not error against the other side. It was error in their favor, not error against them. The appellants alleged in their complaint that the respondents, through their agents, at the time the Oct. 1919 Opinion Per Fvnnmmx, J. lease was entered into, represented that there was plenty of water to irrigate the land, and that, when applied to the land, it would produce maximum crops of both fruit and produce, and further represented that the pear trees were capable of producing, and would produce, from one to two tons of pears per tree, and it was these representations that induced them to enter into the contract of lease. It was not alleged that these representations were false or fraudulent, and recovery was asked because of a breach of the contract to install the pump. At the trial, by cross-examination of the appellants' witnesses, the respondents sought to show that there was some...