The Revised Reports; Being A Republication Of Such Cases In The English Courts Of Common Law And Equity: From The Year 1785, As Are Still Of Practical Utility Volume 46
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. 1837 edition. Excerpt: ...such release. He refused, and I think that he was entitled to refuse, provided he was willing to adopt another mode of giving to the defendant an effectual demise; and he was...
Paperback: 324 pages
Publisher: RareBooksClub.com (September 13, 2013)
Product Dimensions: 7.4 x 0.7 x 9.7 inches
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, and accordingly offered to procure Thomas Morgan, the representative of Miss Coulson, to join. After some hesitation, the defendant agreed to accept a. demise from the plaintiff, directed by Morgan, or in which Morgan joined, provided that the plaintiff would pay the extra expense; and now the only question between the parties was, which of them should pay the extra expense occasioned by the necessity of making Morgan a party to the demise. My opinion is, that according to the true effect of the agreement, and under the circumstances, the extra expense ought to have been paid by the plaintifi"; and if the defendant had adhered to his letter of the 16th September, 1886, and the' suit had followed, that all the costs of it would have fallen upon the plaintiff. I think that the plaintiff ought not to have refused to pay those extra costs; but having refused, the defendant unfortunately withdrew from his former offer to accept a demise in which Morgan joined, and again required a release. His letter of the 8th November was, I think, erroneous, in again asking for a release, but it was expressed in terms showing a manifest disposition to conciliate, and as I think amounting to an offer, that if his mode of settling the matter by release was acceded to, he would pay the costs of it. If there had been an equally proper disposition to conciliate on the other side, I think that this suit would not have taken place; but the plaintiff filed this bill, insisting that the defendant was not entitled to a release of the equity of redemption, but bound to...