Les Rapports Judiciaires de Quebec; Cour Superieure Volume 28

Les Rapports Judiciaires de Quebec; Cour Superieure Volume 28

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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. 1905 edition. Excerpt: ...made it known that he would not hold himself responsible for wages to such men as did so. Almost at once the men gave up working, the defendant was left with a totally insufficient number to carry out his contract; and, in a few days, he abandoned the attempt to do so. These facts are established beyond dispute. The contest, on which a lengthy enquete has been made, is as to whether the defendant, when he put his men on the_ upper part of the ground above the track, had completed the "work, which he had bound himself to do on the portion below the track. The judgment of the Court of first instance does not pronounce on this question. It contents itself with finding that at the date of the institution of the plaintiff's action, the defendant was in a position in which it was impossible for him to execute his_contract.p I think the judgment is correct in taking this stand. It is unquestionably well founded in fact. To escape the legal consequences of that fact, it is urged for the defendant that the plaintiif's conduct prevented him from going on with the work. As to this, the answer is easy; the plain cause of the inability of the defendant to retain or acquire the services of the men, necessary to carry on the work, was his want of funds or credit, and the plain tiif was not bound to supply him with either, and his declining to continue to do so, can, in law, give the defendant no defence to this action. I may add (though it is not necessary) that, having gone over the evidence very carefully, I am of opinion that it makes' out a good case for the plaintiif and shows that he has acted much more leniently and favourably to the defendant than he was at all bound to do....show more

Product details

  • Paperback
  • 189 x 246 x 11mm | 367g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236988671
  • 9781236988676