The Nova Scotia Reports Volume 25

The Nova Scotia Reports Volume 25

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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. 1894 edition. Excerpt: ...performed his part of the contract, and defendant has had the benefit of it. The contract proved to have been made has been executed, and plaintiff, on the faith of defendant's promise, was induced to alter his position to his prejudice. The learned county courtjudge based his judgment on some technical ground, and did not determine the case on any question of fact or conffict of testimony. I do not regard the matter as one necessarily involving an interest in lands. Up to the time the agreement relied on was made there does not appear to have been any agreement with Bailey capable of being enforced, or which could have created an interest in lands. It was an agreement between themselves alone and not enforceable by them against Bailey, and it therefore appears to me the consideration for defendant's promise was an agreement on plaintiff"s part to abandon the agreement between themselves and to perform the task of inducing Bailey to convey to defendant. Plaintiff is therefore entitled to recover the sum agreed to be paid to him. The appeal should be allowed with costs, and judgment entered for plaintiff for $75.00, with costs of suit and trial. RITCHIE, J., concurred. WEATHERBE, J.--" We, the undersigned, hereby agree to purchase the farm situate at Poplar Hill, Bridgetown, of. Mr. E. T. Bailey, for the sum of three thousand and five hundred dollars, the completion of the same to be on Saturday next, 15th August, instant." This agreement, made on the 15th August, was never carried out, owing to some disagreement or difficulty about the mode of raising money to pay for the farm. Evidence--objected to--was offered to shew that the parties agreed among themselves to obtain, and did obtain, further time more

Product details

  • Paperback | 204 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 123691385X
  • 9781236913852