3. A contract to do certain work with-
in fix months, and to infure from fire
the employer's materials, does not
bind the employer to furnish the ma-
terials within the fix months. Maw-
man v Gillett.
Page 325
And though by extending the time,
the risk is prolonged, the Defendant
continues liable for lofs by fire, un-
lefs he previously abandons the con-
tract on account of the delay. ib.
The highest bidder for certain lands
fold by auction, and the mayor of a
corporation, on behalf of himself and
the rest of the burgeffes and com-
monalty of the borough, the vendors
of the lands, figned a contract, in
which they mutually promised to
fulfil the conditions of fale on their
respective parts. The conditions
ftated the title of the corporation to
the premises, and ftipulated that they
fhould convey and might re-fell on
default. The only act therein men.
tioned to be done by the Plaintiff,
was the receiving the depofit. Held
that the Plaintiff could not, in his in-
dividual capacity, maintain an action
againft the purchafer for breach of
this contract. Bowen v. Morris.
374
2. A. agreed to find fufficient coals for
B.'s engine, to draw water from A.'s
mine, and B.'s little coal, as they
then flood. B. funk to a lower feam,
in draining which, he drained the
other two feams, but confumed for
his engine more coals than before.
Held that A. was no longer bound
to furnish any coal, becaufe B. had
1. If an ally actually co-operates in
effecting a capture conjointly with a
British naval force, he must fue in
the court of prize for his share of the
proceeds. Duckworth, Bart.,v.Tucker.
deftroyed the measure of fufficiency. 2. He cannot fue in the common law
4. It is fufficient if a memorial fets out
the trufts, fo that the Court may judge
for whom the party is truftee, without
exprefsly ftating who is the celui que
trust.
See AFFIDAVIT TO HOLD TO BAIL.
PRACTICE, I. 1, 2, 3, 4. II. 2, 3, 4,
5. PRIVILEGE.
ASSIGNEE OF A TERM,
5. The memorial of an annuity recited See PLEADER, III. 1. 4.
a bond, warrant of attorney, and in-
denture of grant, of an annuity
charged on land, and that the grantor
demifed the land to a trustee, in
truft for better fecuring the payment
of the annuity, with fuch powers
and in fuch manner as were parti-
cularly expreffed in the deed: the
Court held that this was fufficient ;
for that it fufficiently expreffed a
truft for the grantee, and difaffirmed
any truft for the grantor or other
ib.
perfons. Defaria v. Sturi.
See USB AND OCCUPATION, I. 2.
AGREEMENT, 5.
After ufurious fecurities given for a
loan have been deftroyed by mutual
confent, a promife by the borrower
to repay the principal and legal in-
tereft is founded on a fufficient con-
fideration, and is binding. Barnes
and Qthers. Hedley and Another.
184
ATTEST
4. His authority is given by the buyer 3. If a Plaintiff, after judgment ob-
See SHIP, I. AUCTIONEER, 1, 2, 3, 4.
I. Of the arrest and the bail.
II. Proceedings against the bail or the
foeriff.
tained, proves his debt under a com
miffion of bankrupt fued out against
the Defendant, and alfo proceeds
against the bail, the bail are thereby
entitled to their difcharge under
49 G. 3. c. 121. f. 14. Linging v.
Comyn.
246
4. And the Court will difcharge them
on motion.
See BILL OF EXCHANGE, 7...
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