The Law Reports Volume 2

The Law Reports Volume 2

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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. 1877 edition. Excerpt: ...and, having refused the offer already made to him, invited another. To his invitation he H. L. (E.) got no reply, and he proceeded to act upon his notice. I quite 1371 concur with Lord Justice Mellish that his proper course would H353," have been to inform the Defendants, within a reasonable time, " that failing to make a new proposal they should understand the BA: v1T"5-;CO_ negotiation to have been concluded and the parties relegated to-----their legal rights. This would have been a reasonable and equitable course: but it was not taken, and the Plaintiif must bear the consequences. I think that the judgment should be afirmed, and My Lords, I am of the same opinion, and for the same reasons. I agree that there is nothing at all requiring your Lordships to throw any doubt upon the good faith of the Plaintiff in this case. In reality I think that the difference between the Court of Common Pleas and the Court of Appeal comes to a short and a very simple point. Lord Coleridge in delivering the judgment of the Court of Common Pleas says (1), this: " It appears to us that the effect of the correspondence was this, namely, first to give to the Metropolitan Railway Company a reasonable time to make a fresh ofl'er; and, secondly (if the negotiations were not resumed), to give the company a reasonable time (but not necessarily six months), from the 31st of December to do the repairs required." The real point in difference is, what was a reasonable time under the circumstances of the case? As to the efi'ect of the correspondence down to the 31st of December, and, I may add, for some not definite time afterwards, there really is an agreement of both Courts that the first two and a half months of the notice or...show more

Product details

  • Paperback | 348 pages
  • 189 x 246 x 18mm | 621g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236779398
  • 9781236779397