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Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber (Volume 5); From Hiliary Term, 6 Will. IV, to [Easter Term, 10 Vict.]Both Inclusive. [1836-1847] with Tables of the Cases and Principal Matters

Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber (Volume 5); From Hiliary Term, 6 Will. IV, to [Easter Term, 10 Vict.]Both Inclusive. [1836-1847] with Tables of the Cases and Principal Matters


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1846. Excerpt: ... as soon as vessels could be obtained for the carriage thereof." The market shortly afterwards began to fall, and the defendant, on the 26th January, gave notice to the plaintiffs that he would not accept the wheat if it were delivered. It was at that time on its way by canal to Birmingham, and on its arrival there the defendant was required to accept it, but he refused to do so; whereupon this action was brought. At the trial before Alderson, B., at the last Gloucester Assizes, the only question betweenthe parties was as to the time at which the damages were to be calculated. The defendant's counsel contended that the proper measure of damages was the difference between the contract price and the market price on the 26th January, the day when the notice of non-acceptance was given. For the plaintiffs it was insisted, on the authority of the case of Leigh v. Paterson, 2 Moore, 588," that they were entitled to damages according to the market price on the last day when the contract could have been performed, viz., when the wheat was tendered for acceptance to the defendant. The learned Judge was of that opinion, and under his direction a verdict was found for the plaintiffs for 218/. 9s., the amount of the damages according to the latter computation, leave being reserved to the defendant to move to reduce the damages to 93/. 12s. R. V. Richards now moved accordingly.--The proper measure of the damages was the difference of prices on the 26th January, the day when the notice was given by the defendant that he would not accept the wheat. He had "thereby precluded himself from accepting it, and dis-r jQ charged the plaintiffs from their obligation to deliver it. He clearly could not afterwards have sued the plaintiffs for not delivering; yet, if they are e...


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Product Details
  • ISBN-13: 9781153929097
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 216
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1153929090
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 395 gr


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Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber (Volume 5); From Hiliary Term, 6 Will. IV, to [Easter Term, 10 Vict.]Both Inclusive. [1836-1847] with Tables of the Cases and Principal Matters
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Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber (Volume 5); From Hiliary Term, 6 Will. IV, to [Easter Term, 10 Vict.]Both Inclusive. [1836-1847] with Tables of the Cases and Principal Matters
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Reports of Cases Argued and Determined in the Courts of Exchequer and Exchequer Chamber (Volume 5); From Hiliary Term, 6 Will. IV, to [Easter Term, 10 Vict.]Both Inclusive. [1836-1847] with Tables of the Cases and Principal Matters

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