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business of a still more important nature, are so much
exposed; two engagements, inconsistent with each other,
have for want of a recollection of those circumstances and
incidents from whence the inconsistency results, have been unawares
entered into. In such case, what says justice?
that the prior engagement shall stand; that the posterior
engagement shall yield to it. The engagement with
your Memorialist was the work of a twelvemonth: an engagement
committed to writing, and continuing in a
state of habitual & mutual recognition all the time. The
engagement with gentlemen who wished for another choice
was the breath of the moment: if irreconcilable, which
engagement ought to give way? This posterior & flying
engagement then was ab initio a void one: it was between
two parties only, where there were three. For by the
very nature of the business, as your Lordships have seen,
your Memorialist was a necessary and indispensable party
to any engagement on this
head could be valid which had not his concurrence.
32
Magnitude of the
present purchase, no
warrant for not adhering
to the choice.
One objection your Memorialist has heard, which
though specious at the first thought, vanishes at the second.
Your Lordships he has been informed, or some of your
Lordships, having heard that since the year 1782 which is
the date of the verdict by which the value of the premises
stands assessed at £6,600 has received considerable encrease,
have caused enquiry to be made into the magnitude of that
encrease, and the same as been found too much to give.
The first movement of your Lordships minds as faithful guardians
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Identifier: | JB/118/120/004"JB/" can not be assigned to a declared number type with value 118. |
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29-32 |
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120 |
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copy/fair copy sheet |
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see note to letter 988, vol. 5 |
39174 |
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