Reports of Cases Decided by the English Courts: With Notes and References to Kindred Cases and Authorities, 3. köide

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William Gould, 1877

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Page 393 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 412 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 425 - On the other hand if the Defendants, not stopping at the natural use of their close, had desired to use it for any purpose which I may term a non-natural use, for the purpose of introducing into the close that which in its natural condition was not in or upon it, for the purpose of introducing water either above or below ground in quantities and in a manner not the result of any work or operation on or under the land, — and if in consequence of their doing so, or in consequence of any imperfection...
Page 221 - It is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents In making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals; and this whether the agreement be or be not required to be in writing by the statute of frauds.
Page 509 - Court might think fit ; that an account might be taken of what was due to the Plaintiff...
Page 303 - This action was brought to recover a sum alleged to be due for six weeks' wages from the defendants to the plaintiff as foreman to the said company. At the trial, a verdict was found for the plaintiff, with leave reserved to the defendants to move to enter a nonsuit, on the ground that there was no evidence to go to the jury of any liability of the defendants to the plaintiff.
Page 735 - Oldham shall by any deed or deeds, instrument, or instruments in writing, with or without power of revocation and new appointment to be sealed and delivered by him in the presence of two or more credible witnesses, or by his last will and testament in writing...
Page 302 - ... arise. when an act of that class is to be done, and trusts him for the manner in which it is done; and consequently he is held answerable for the wrong of the person so intrusted either in the manner of doing such an act, or in doing such an act under circumstances in which it ought not to have been done ; provided that what was done was done, not from any caprice of the servant, but in the course of the employment.
Page 333 - ... more properly, ceases to be available as a condition, and becomes a warranty in the narrower sense of the word — viz., a stipulation by way of agreement, for the breach of which a compensation must be sought in damages.
Page 425 - The defendants, treating them as the owners or occupiers of the close on which the reservoir was constructed, might lawfully have used that close for any purpose for which it might in the ordinary course of the enjoyment of land be used ; and if, in what I may term the natural user of that land, there had been any accumulation of water either on the surface or underground, and if by the operation of the laws of nature that accumulation of water had passed off into the close occupied by the plaintiff,...

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