Eden Versus Whistler; The Baronet & the Butterfly, a Valentine with a Verdict (Paperback, Annotated edition)

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. 1899 edition. Excerpt: ...was set aside on the ground that there had been undue delay in intervening. Mrs. Hale's husband no longer appears; and why? Because a long interval has now elapsed; because he is now in America j because he has given up all hope of obtaining the portrait. As by the judgment of the Court Mr. Whistler was forbidden to continue his work on the picture, Mrs. Hale's husband lost his interest in the matter, and no longer appears with us. He would, in fact, be rather inclined to appear against us, in which case I should say to him, as I say to Sir William Eden: "You have no right to the picture; it is not finished. It is still my property. As long as it remains unfinished, as long as I refrain from handing it over to you by a voluntary act, which would be tantamount to an admission that I consider the work final and perfect, you have no claim upon it. It still forms part of my estate, and if I choose at my own risk and peril to alter the composition, to modify either the figure or the accessories, I shall do so freely." This is the situation. I have nothing more to add, unless it be that, from another point of view, you cannot compel Mr. Whistler to give up an unfinished work, an incomplete idea. By a deliberate act Mr. Whistler made it impossible that he should carry out his contract with Lady Eden. He must therefore pay damages; the question is purely one of damages. This is laid down in Article 1142 of the Code. You will allow me to read it, as it contains the root of the whole matter. "All obligation to execute or not to execute is to be settled by the award of damages, in case of nonexecution on the part of the seller." And in Dalloz' annotated code I read further: "When execution has been rendered impossible by the act of...