Imágenes de páginas
PDF
EPUB
[merged small][merged small][merged small][ocr errors][merged small]

FROM HILARY TERM 18 VICTORIA, TO HILARY TERM 19 VICTORIA.

BY

EDWARD C. JONES, ESQUIRE,

BARRISTER-AT-LAW.

VOLUME V.

TORONTO:

HENRY ROWSELL.

1856.

COVENANT.-First count states that heretofore-to wit, on the 21st of July, 1852-defendant, by certain articles of agreement then made between defendant, of the one part, and the plaintiff of the other part, which said articles of agreement, sealed with the seal of the defendant, the plaintiff makes profert, did covenant and agree to and with the plaintiff, among other things, that he (the said defendant) would deliver to the plaintiff, at the premises of the defendant, two hundred thousand good merchantable machine staves, jointed, at twenty-five shillings per thousand, likewise fifty thousand pieces of heading at twenty-two shillings and six pence per thousand, on the first day of October then next, and fifty thousand hoops, at twenty-two shillings and six pence per thousand, net count, by the fifteenth of November then next; and said plaintiff did thereby agree to pay said defendant. therefor the said prices at three, six, nine, and twelve months from the said 1st of October, and to furnish James Laing and Daniel Leonard as securities for the due performance of the said agreement on or before the 20th of July, 1852; then avers that the 20th of July, 1852, had elapsed before the making and delivery of the said articles of agreement, and plaintiff could not furnish said Laing and Leonard as securities for the due performance of said agreement; and, although plaintiff was ready and willing, within a reasonable time after the making and delivery of the said articles of agreement, and from thence until and after the said 15th of November, 1852, and from thence hitherto hath been ready and willing to furnish said Laing and Leonard as securities for the due performance of said agreement by plaintiff and although plaintiff was ready and willing to receive the said staves, &c., at the premises of defendant on the said 1st of October then next, and said hoops on the 15th of November then next, and to pay for the same at the prices aforesaid at three, six, nine, and twelve months, yet defendant did not, nor would deliver the said staves, &c., or any part thereof, to plaintiff, and did not, nor would deliver the said hoops, or any part thereof, at said premises, by said 15th of November then next; but, &c., contrary, &c.

Second count states, that whereas also defendant heretofore

-to wit, on the 21st day of July, 1852-by certain other articles of agreement then made between plaintiff of the one part and the defendant of the other part, of which said articles of agreement, sealed with the seals of defendant and plaintiff, profert is made, did covenant and agree with plaintiff that he (defendant) would deliver to the plaintiff, at the premises of defendant, staves, pieces of heading, and hoops, of the number, at the prices, and on the days mentioned in the first count; and plaintiff did thereby agree to pay said defendant therefor said prices at three, six, nine, and twelve months from the said 1st of October; and although plaintiff was ready and willing to receive the said staves, &c., at the premises of defendant on the said 1st of October then next, and the said hoops on the said 15th of November then next, and to pay for the same the prices aforesaid at three, six, nine, and twelve months as aforesaid; yet defendant did not, nor would deliver the said staves, or any part thereof, to plaintiff, and did not, nor would deliver said hoops, or any part thereof, at said premises by the said 15th of November then next; but, &c., contrary, &c., by means whereof plaintiff hath been deprived of the benefit and advantage that would have accrued to him from the obtaining of the said staves, &c., and hath lost divers gains, &c., to the damage of plaintiff, &c.

Oyer having been demanded, the agreement was set out as follows:

"Articles of agreement made the 12th of July, 1852, between Patrick Wall, of the one part, and Richard Leonard, of the other part.

"The said Wall, in consideration of the rents, covenants, and agreements hereinafter mentioned on the part of the said Leonard to be paid, done, and performed, doth hereby contract and agree with the said Leonard that the said Wall shall and will, on or before the 1st day of October, 1852, upon request made to him in writing under the hand of the said Leonard for that purpose, grant and execute unto the said Leonard, his executors, administrators, and assigns, a good and effectual lease, to be prepared or approved of by the counsel of the said Leonard, of all those premises, being the cooper's shop, shed, and store-houses and stave-yard, extending from the north limit of the premises owned by Wall to the southerly limit of the cooper's shop, and ex

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

Daly v. Leamy

Day v. The Grand Trunk Railway Co. 420 McMurray v. Talbot

Deady v. Goodenough........

163 McPherson v. Farewell

377 McWhinney v. McQuaid...

374 McGregor v. McArthur

495

[merged small][ocr errors][merged small][merged small]

Douglas v. Mayer......

Dowling v. Power.......

[blocks in formation]
[merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
« AnteriorContinuar »