Outlines of Specific Performance
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Bennett, L. B. 22 Ch. D. 835, where a fish-curer contracted to sell all surplus fish to a manure manufacturer for two years and not to sell to any other manufacturer during the same period, the Court granted an injunction to restrain the breach of the negative stipu- lation. But apparently the negative covenants must be express, though in some cases the Court has interfered yj ^/2'/v when they were merely implied, as in Sevin v. Deslandes, / 30 L. J. Ch. 467. In recent cases the whole doctrine ...of Lwmley v. Wagner has been criticised, and will probably not be extended. It is stated in Try, p. 375, " It may be conceived that the principle of these cases will not be extended, that negative covenants will not be implied except in those cases where the Courts have already done so ; and that even the presence of express negative cove- naats wUl not be found a sufficient ground for jurisdiction unless the contract is of a kind of which specific perform- ance can be granted." Though principally important as regards procedure, it 32 OUTLINES OF SPECIFIC PEEFOEMANCB.
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You can find similar books in the "Read Also" column, or choose other free books by Bowen, H. S. (Henry Storer), B. 1853 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Bennett, L. B. 22 Ch. D. 835, where a fish-curer contracted to sell all surplus fish to a manure manufacturer for two years and not to sell to any other manufacturer during the same period, the Court granted an injunction to restrain the breach of the negative stipu- lation. But apparently the negative covenants must be express, though in some cases the Court has interfered yj ^/2'/v when they were merely implied, as in Sevin v. Deslandes, / 30 L. J. Ch. 467. In recent cases the whole doctrine ...of Lwmley v. Wagner has been criticised, and will probably not be extended. It is stated in Try, p. 375, " It may be conceived that the principle of these cases will not be extended, that negative covenants will not be implied except in those cases where the Courts have already done so ; and that even the presence of express negative cove- naats wUl not be found a sufficient ground for jurisdiction unless the contract is of a kind of which specific perform- ance can be granted." Though principally important as regards procedure, it 32 OUTLINES OF SPECIFIC PEEFOEMANCB.
What to read after Outlines of Specific Performance?
You can find similar books in the "Read Also" column, or choose other free books by Bowen, H. S. (Henry Storer), B. 1853 to read onlineMoreLess
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