New Brunswick Reports Volume 14 (Paperback)

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. 1876 Excerpt: ... for the 'premises'--and parol evidence has always been admitted in such a case to shew to what house and to what premises the treaty relates." This case is recognised in McMurray v. Spicer, ' and the same principle will be found in Horsey v. Graham.' As to the damages--we cannot see how the plaintiff can keep the land, and also claim the price of it as part of his damages for refusing to carry out the purchase. The parties having agreed (hat the Court s.hould have power to reduce the damages if they thought proper, we are of opinion that the damages should be reduced to $330, to be cnteied on the amended count. If the plaintiff is not satisfied wilh this amount, he may have a new trial--the costs to abide the event. Judgment, accordingly. HENDERSON v. THE MAYOR &c. OF ST. JOHN. Pleading--Negligence in repairing street--Allegation. The Corporation of St John Ning V onnd by law to lay out, alter and repair the streets in the City; it is sufficient in nn action ngninst them tor negligence in repairing a tree:, to allege ihat it was the duty of the defendants in go repairing &c., to use due and proper care &o-witliout statinc any frets to shew their liability--their authoriiy to repair &c. being matter of public law, of which the Court was bound to take notice. This was a motion in arrest of judgment on the ground of the alleged insufficiency of the declaration. The first count stated that before the committing of the grievances, the defendants as the Corporation and Municipal body 1872. October. 1872. of the City of St John, had and did actually and continually use Hbndebsoh and exercise the sole aad exclusive charge, management and con"' trol of the public roads, streets, highways and thoroughfares of the City, not only to establish, ...