Creasy's Ceylon Reports; Judgments of the Supreme Court Between 1859 and 1870

Creasy's Ceylon Reports; Judgments of the Supreme Court Between 1859 and 1870

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...of thieves. "Judgment to be entered for defendant." In the English case of Pearce v. Brooks (L. R., 1 Ex. 213) it was decided that a person who makes a contract for sale or hire with the knowledge that the other contracting party intends to apply the subject matter of the contract to an immoral purpose, cannot recover upon the contract; it is not necessary that he should expect to be paid out of the proceeds of the immoral act. The immediate object of this publication does not compel me, and available space would hardly permit me, to continue the topic of Agreements and Contracts further, by discussing here the law as to Rescission or as to how the obligations arising out of Contract may be discharged, released, varied, or sufiicieutly performed. The doubts and difficulties connected with the subject of Novation of Contract have been rather displayed than settled by the decisions which have lately been given by high tribunals in England, in the copious litigation which has arisen in consequence of the insolvency of certain Insurance Companies. But an important judgment has lately been pronounced on another very material branch of the Law of Contract, which I shall advert to here, 'on account of its practical interest--I mean as to the law of how far a contractor is discharged from his contract by a supervening impossibility to perform it. The case to which I draw attention, is that of Howel v. Conpland (L._ R., 9 Q. B. 4.-62), ' The marginal note, in which the reporters epitomize the facts and the judgment, is as follows: --" Plaintiff and defendant entered into an agreement in March, whereby defendant agreed to sell and plaintiff to purchase 200 tons of Regent potatoes grown on land belonging to defendant in W., at more

Product details

  • Paperback | 60 pages
  • 189 x 246 x 3mm | 127g
  • United States
  • English
  • black & white illustrations
  • 1236823788
  • 9781236823786