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Where the Common Law, pretending to<lb/>give a Right, gives no other remedy<lb/>then one which is not adequate.<p>paragraph</p>This is the case in Contracts for specific things to be deliver'd<add>convey'd</add><add><unclear></unclear>render'd</add>or <gap/>to be done.<lb/><add>of these</add>For the <add>default of</add>not<del>doing</del><add>rendering</add>or doing as the case is<lb/><note>in <gap/>of <gap/><gap/> </note>the Common Law provides this remedy: viz:<lb/>to much money as 12 indifferent persons<lb/>shall judge proper to be given in <gap/><p>paragraph</p>It is plain, that this remedy cannot be<lb/>adequate but upon the supposition that<lb/>money is a match for any thing; that is,<lb/>that money will be a means<add>to any man<del><gap/>deleted text</del></add>of providing to<lb/>him <add>either</add>any <unclear>apignoble</unclear> thing | Where the Common Law, pretending to<lb/>give a Right, gives no other remedy<lb/>then one which is not adequate.<p>paragraph</p>This is the case in Contracts for specific things to be deliver'd<add>convey'd</add><add><unclear></unclear>render'd</add>or <gap/>to be done.<lb/><add>of these</add>For the <add>default of</add>not<del>doing</del><add>rendering</add>or doing as the case is<lb/><note>in <gap/>of <gap/><gap/> </note>the Common Law provides this remedy: viz:<lb/>to much money as 12 indifferent persons<lb/>shall judge proper to be given in <gap/><p>paragraph</p>It is plain, that this remedy cannot be<lb/>adequate but upon the supposition that<lb/>money is a match for any thing; that is,<lb/>that money will be a means<add>to any man<del><gap/>deleted text</del></add>of providing to<lb/>him <add>either</add>any <unclear>apignoble</unclear> thing | ||
<pb/><!-- I am picking up with the bottom left corner section, which leads into the next folio, which I am transcribing. -->my <!-- pound symbol -->2000; <del>yet<gap/>it is plain I am <gap/></del>yet <gap/><gap/> the supposition<lb/>which we 1<hi rend='superscript'>st</hi><gap/>with, it is plain that the<gap/><lb/>was <unclear>contribution</unclear> to <del>me</del> <add>you</add> of something less than <unclear>1000</unclear><lb/> grains of satisfaction, <unclear>I to-me</unclear> of something<lb/> more: otherwise I would not have rather had the<lb/> house than the money, nor you rather the<lb/> money than the house. This consideration therefore<lb/>abstracted from all other, might induce<lb/> the jury to give me a <unclear>male mater</unclear>.10 <!-- pound symbol?? --><lb/>suppose, since <sic>somthing</sic> must be mentioned.<lb/><p>paragraph</p>What then would the jury do, in <unclear>the</unclear> 1<hi rend='superscript'>st</hi>place supposing<lb/>your transaction with the <unclear>stranger</unclear> not to <unclear>appear</unclear><lb/>would they give me the 10 <!-- pound symbol? -->or the <!-- pound symbol -->2000.<lb/>certainly the 10 <!-- pound symbol? -->only. <add><!-- unknown symbol, deleted? --></add>for if they give me <add>they would no otherwise</add><lb/>the <!-- pound symbol -->1000 my rent <unclear>lop</unclear>than when my <gap/><lb/> <del><gap/>;</del><add>account <gap/></add>which if they were to take, I might <gap/><lb/>any thing they knew, I in all probability should make to exceed the truth nobody knows to what<lb/> amount.<lb/><p>paragraph</p> <unclear>There</unclear> then stands the account when all is over<lb/> <del><gap/><gap/></del> I lost originally 1000 grains; but having received <add><gap/></add><lb/> ten from you in conveyance of the verdict, that<lb/> reduces it to 990.<head>mance.</head><p><pb/>paragraph</p> | |||
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Where the Common Law, pretending to
give a Right, gives no other remedy
then one which is not adequate.
paragraph
This is the case in Contracts for specific things to be deliver'dconvey'drender'dor to be done.
of theseFor the default ofnotdoingrenderingor doing as the case is
in of the Common Law provides this remedy: viz:
to much money as 12 indifferent persons
shall judge proper to be given in
paragraph
It is plain, that this remedy cannot be
adequate but upon the supposition that
money is a match for any thing; that is,
that money will be a meansto any mandeleted textof providing to
him eitherany apignoble thing
---page break---
my 2000; yetit is plain I am yet the supposition
which we 1stwith, it is plain that the
was contribution to me you of something less than 1000
grains of satisfaction, I to-me of something
more: otherwise I would not have rather had the
house than the money, nor you rather the
money than the house. This consideration therefore
abstracted from all other, might induce
the jury to give me a male mater.10
suppose, since somthing must be mentioned.
paragraph
What then would the jury do, in the 1stplace supposing
your transaction with the stranger not to appear
would they give me the 10 or the 2000.
certainly the 10 only. for if they give me they would no otherwise
the 1000 my rent lopthan when my
;account which if they were to take, I might
any thing they knew, I in all probability should make to exceed the truth nobody knows to what
amount.
paragraph
There then stands the account when all is over
I lost originally 1000 grains; but having received
ten from you in conveyance of the verdict, that
reduces it to 990.mance.
---page break---
paragraph
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Identifier: | JB/070/057/001"JB/" can not be assigned to a declared number type with value 70. |
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070 |
of laws in general |
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057 |
equity & common law specific performance |
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001 |
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text sheet |
2 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
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23172 |
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