Misrepresentations by themselves do not constitute a ground of action; it is necessary that such representations result in damage to the plaintiff before there can be any recovery by him. If the person to whom the misrepresentations were made does not enter into the contract in connection with which the misrepresentations were made, there is of course no damage and no action. This is also true even if the plaintiff entered into such contract, but was not induced to do so by the misrepresentations.35 If a person relies on his own judgment, and this proves to have been erroneous, he cannot then be allowed to sue another party for the loss.36 A partial reliance upon the defendant's misrepresentations is, however, sufficient to permit a recovery.37 The representations must have been acted upon within a reasonable time after they were made; what will constitute a reasonable time, under all the circumstances of the case, is a question for the jury.38

As the final requisite for recovery by the plaintiff his acting upon the misrepresentations of the defendant must have resulted in damage to him. This damage must not have been contingent, uncertain or too remote. For consideration of this point, see Subject of Damages.39

35Ming vs. Woolfalk, 116 U. S., 599;

Brockett vs. Griswold, 112 N.

Y., 454; 20 N. E., 376. 36 Anderson vs. McPike, 86 Mo., 293; Granel vs. Wolfe, 185 Pa.

St., 83; Herring vs. Draper,

2 Houst., 158. 37 Hindman vs. Louisville First

National Bank, 112 Fed., 931; Handy vs. Waldron, 19 R. I., 618; 35 Atl., 884; Strong vs. Strong, 102 N. Y., 69; 5 N. E., 799.

38 Chilson vs. Houston, 9 N. D.,

498; 84 N. W., 354.

39 Volume IV, Subject 9.