The burden is on the representee1 to allege and prove that the representor2, actually or presumptively, intended him to act on the faith of the representation in the manner in which he did act, and it is not enough to prove damage to the representee unless it is also shown that it resulted from an alteration of position induced by that representation3. Whether there is any sufficient averment4, or any evidence5, of such matters are questions of law; but otherwise, and subject to the principle of
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