Heber Hart

“ Where the third party is prevented from making the valuation by the fault of the seller or buyer, the party not in fault may maintain an action for damages against the party in fault. Where the fixing of a value by valuers is not of the essence of an agreement, but is wholly subsidiary to it, the courts will, if justice require it, ascertain the value in order to carry the agreement into effect. ”

“ Although a valuer cannot be expected to possess a minute and accurate knowledge of the law, he ought to be acquainted with the general principles applicable to the valuations which he undertakes so far as is necessary in order to enable him to make them properly. The valuer, however, will be liable for the consequences of his negligence only towards the person who employed him, and not to any one else who may happen in fact to have been prejudiced thereby. ”

“ Moreover, an unlicensed appraiser cannot recover remuneration. A valuer is liable to the person who has employed him for the consequences of negligence or want of due care and skill on his part. If his services are thereby rendered worthless he will not be able to recover anything by way of remuneration. A valuation of a house taken by a railway company made by a surveyor who did not enter the house was held not to be a proper valuation. ”