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Report of Cases Argued and Determined in the English Courts of Common Law Volume 3

Report of Cases Argued and Determined in the English Courts of Common Law Volume 3


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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. 1872 Excerpt: ...without any communication with his brother, the defendant, in the first instance; but that the transactions were considered as with both, and that the contracts were made out in the joint names. And it was contended, on the part of the plaintiffs, that if the brother Joshua Brandon made contracts, which the defendant afterwards recognized by taking brokerage in respect of such contracts, he did, in fact, employ a sub-broker, contrary to the terms of the condition. Lord Et.1.e1vnonoucn.--Both may have acted illegally; but the question is, whether the one acted unller the other. The brother did not act under the defendant, but concurrently and with equal authority. If you could make out a case where Joshua Brandon alone made the contract, and where the defendant alone actedas broker, that would be a breach of the condition. Their course of dealing is within the mischief intended to be prevented, but it is not provided against by the form of the bonds; to embrace this caw the '16 jlvords 'should have been " acting under him, or concurrently with im. Plaintiffs nonsuited. The flttorney General, Topping, and Parke, for the plaintifl's. Scarlett and Gaselee, for the defendants. In the ensuing term, the flttorney_ General moved to set aside the nonsuit, on the ground that there was evidence to show a breach of the part of the condition cited above. Vhen the defendant entered into that stipulation, he virtually undertook that the parties should have all the benefit of his skill and integrity, and not to employ any one else to do what he alone legally ought to do. On the contrary, he had sent out his brother to make contracts for him in the name of the firm; and consequently he had not the exclusive means of doingwhat the bond held out. Lord ELLENBOROUGH...


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Product Details
  • ISBN-13: 9781236034564
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 390
  • Spine Width: 20 mm
  • Width: 189 mm
  • ISBN-10: 1236034562
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 694 gr


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