Buy The Law Reports. Court of Exchequer Volume 7; From Michaelmas Term, 1865, to Trinity Term, 1875
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The Law Reports. Court of Exchequer Volume 7; From Michaelmas Term, 1865, to Trinity Term, 1875

The Law Reports. Court of Exchequer Volume 7; From Michaelmas Term, 1865, to Trinity Term, 1875


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: 1872 MOUFLET v. COLE. Jan. 17. Measurement of Distance?Covenant not to carry on Trade within a specified distance?Distance us the Crow flies''?Nearest Mode of practicable Access. The defendant covenanted with the plaintiff not to carry ou the business of a publican within half a mile of the plaintiff's premises. He afterwards carried on that business within half a mile, if the distance were measured in a straight line, as the crow flies, but not within half a mile, if the distance were measured by the nearest mode of practicable access: ? Held (by Martin and Channell, BB., Cleasby, B., dissenting), that there had been a breach of the covenant. Action to recover a sum of 500?. as liquidated damages for the breach by the defendant of his covenant with the plaintiff that he would not carry on the business of a publican within the distance of one-luili' of a mile of the premises called the Lord Holland. The defendant traversed the breach. Issue. The cause was tried before Martin, B., at the Middlesex sittings in Michaelmas Term, 1871, hcn it was proved that the defendant had carried on the business of a publican in a house within the distance of one-half mile of the plaintiffs house, the Lord Holland, measuring in a straight line, or as the crow flies, but beyond that distance, measuring by the nearest mode of practicable access. A verdict was entered for the plaintiff for 500?., with leave to move to enter a verdict for the defendant, if the Court should be of opinion that the true mode of measurement was by the nearest mode of practicable access. A rule was afterwards obtained accordingly. Nov. 18, 1871. Parry, Serj., and F. Turner, shewed cause. Garth, Q.C., and A. L. Smith, supported the rnle. The cases cited and the arguments used are fully stated...


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Product Details
  • ISBN-13: 9781458885890
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 182
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1458885895
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 336 gr


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The Law Reports. Court of Exchequer Volume 7; From Michaelmas Term, 1865, to Trinity Term, 1875
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