For every violation of an express or implied contract and for every injury done by another to one's person or property, the law gives a right to recover and a remedy to enforce it. The right is a chose in action, and the remedy is an action at law.
(Orig. Code 1863, § 2223; Code 1868, § 2217; Code 1873, § 2243; Code 1882, § 2243; Civil Code 1895, § 3076; Civil Code 1910, § 3652; Code 1933, § 85-1802.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 63 Am. Jur. 2d, Property, § 23.
C.J.S.- 73 C.J.S., Property, § 22.
ALR.
- Presence of noxious weeds as ground for rescission of contract for purchase of land, 2 A.L.R. 1511.
Necessity, as condition of action at law, a defense thereto, based on rescission of contract, of return or tender before act of securities, commercial paper, or documents evidencing proper or contractual rights received as consideration, 105 A.L.R. 1003.
Hotel or innkeeper's liability for refusal to honor reservation, 58 A.L.R.3d 369.
Measure and element of damages recoverable from vendor where there has been a mistake as to amount of land conveyed, 94 A.L.R.3d 1091.