141, 20 Pac. 866; Coddington v. Davis, 1 N. Y. 190.—Waiwer of tort. The election, by an injured party, for purposes of redress, to treat the facts as establishing an implied contract, which he may enforce, instead of an injury by fraud or wrong, for the committing of which he may demand damages, compen- Satory or exemplary. Harway v. Mayor, etc., of City of New York, 1 Hun oN. Y.) :