Although relief may be obtained by a defrauded party to a contract in a variety of ways, such relief is always based on one of three general remedies which are open to the defrauded party: (1) A right to damages for being led into the transaction. Under this form of relief the injured party does not seek to undo the fraudulent transaction but claims sufficient compensation to make his position as good as it would have been had he not entered into the transaction at all. (2) Rescission of the fraudulent transaction and restoration of the situation which the parties occupied before the fraudulent transaction was entered into. (3) Enforcement against the fraudulent person of the kind of bargain which he represented that he was making. This relief is possible in at least two classes of cases. Frequently a fraudulent representation to induce the sale of goods will amount to a warranty. In such a case the buyer may recover damages sufficient to put him not simply in as good a position as he occupied before the fraudulent transaction, but in as good a position as he would have occupied had the fraudulent state-
9 Simpson v. Wiggtn, 3 Woodb. & M. 413; Hale v. Philbrick, 42 Iowa, 81; McGibbons v. Wilder, 78 Iowa, 531, 535; Case v. Hall, 24 Wend. 102, 35 Am. Dec. 605; Halsell v. Mus-grave, 5 Tex. Civ. App. 476, 24 S. W. 358
10 Stevenson v. Marble, 84 Fed. 23; Merritt v. Robinson, 35 Ark. 483; Dinwiddle v. Kelley, 46 Ind. 392; Loucks v. Taylor, 23 Ind. App. 245.
11 See supra, Sec.Sec. 975-980, 1503.
12 Merritt v. Robinson, 35 Ark. 483; Abbott v. Marshall, 48 Me. 44.
• ments been true. This last form of redress, however, is not based on fraud, and has been sufficiently considered in connection with warranty. But as has been Been in an earlier section 13 in many States the measure of damages in an action of deceit has been assimilated to the measure of damages appropriate for breach of warranty. The other instance where the defrauded party in effect can compel the fraudulent party to make good his representations is illustrated by the rule that reformation may be had of a written contract or conveyance for fraud. I) through the fraud of one party and mistake of the other the writing does not conform to the agreement between the parties, equity will rectify it."