A Practical Treatise On the Law of Tolls And Therein of Tolls Thorough Traver
A Practical Treatise On the Law of Tolls And Therein of Tolls Thorough Traver
Frederic Gunning
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How does it appear that this corn, if not sold by sample, would ever have been sold by bulk in Tewkesbury market ? And yet it should so appear, by evidence sufficiently probable as to induce this conclusion ; otherwise the consequential damage, which is the foundation of the ac- tion, is unproved, and of course the action is not maintainable. This allegation, of special damage, was sustained by no evi- dence sufficiently proximate to enable the Court to connect it with the act of buying, as the... consequence and effect of such act. Upon this ground, therefore, they were of opinion that that allegation also — viz. Of damage occasioned by the act of buying — as well the allegation that the buying itself was in Of Fair and Market Tolls, 71 fraud of the plaintiffs' right to a market-toll, and with intent to deprive them of the same — was not made out, in point of fact, by competent evidence, warranting such conclusion in point of law. On these grounds, they were of opinion that judgment of nonsuit ought to be entered in favour of the de- fendant.
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