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Home > Art, Film & Photography > The Law Reports Volume 43; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection
The Law Reports Volume 43; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection

The Law Reports Volume 43; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection


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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. 1890 Excerpt: ...was quite different. It was that the building should not be used "as an inn, publichouse, or tap-room, or for the sale of spirituous liquors, or ale, or beer," and the sale by the defendant of spirits in bottle, though in the course of his business as a grocer, was within the plain words of the covenant. If the covenant here had been framed with more careful regard to the interest of the Plaintiffs testator it might have said that the premises should not be used for the sale of ladies' underclothing, which would have made the case similar to Feilden v. Slater. I am of opinion that the decree must be reversed, and the action dismissed. Bowen, L.J.: --I am of the same opinion. I will assume, though I am not convinced, that the Defendants are under an obligation which the Plaintiff can enforce against them not to carry on the busi(1) Law Rep. 7 Eq. 523. O. A. ness of a ladies' outfitter. Assuming this, the obligation does 1889 not come to the same thing as an obligation not to carry on Stuart an7 part of that business. The business of a ladies' outfitter is Diplock one us'ness--tne business of a hosier is a distinct business. kttreHL j e two businesses overlap each other by having four classes of--articles the sale of which is common to them both. But a covenant not to carry on the business of a ladies' outfitter is not broken by carrying on the business of a hosier, and the hosier commits no breach by selling some articles which are usually sold by a ladies' outfitter, if he does it in the ordinary course of the business of a hosier. Mr. Dauney put the argument of the Respondent very happily in the form of a syllogism: "All ladies' outfitters sell combinations, the Defendants sell combinations, therefore the Defendants are ladies' outfitters.&qu...


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Product Details
  • ISBN-13: 9781236423771
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 262
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1236423771
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 472 gr


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