12.
13.
632
such case the Company every should cause the value of,
reca
and)
во
· pence to be made for, such premises to be enquired of ly as jny. The Company gave noture of 5 their intention to take the pre which they afterwards with douw.
withdrew. The late Lord Abinger, as Counsel for the Confirmy contended that although they might have given notice there a lacus panitulia. The prismit Sad Chief Baron and Baron Channell),
Comsel for the
who then acted as -
ent
11/AO
occupiers, urged upon the Can't that Act in question
under the
the
Company obtained the whole Cenefit of a Cartract for the sale & purchased
of the premises by merely giving notice, and that the Company
were
not al
liberty to withdraw from such contract, and that the native having the effect
of a contract could only be rescuided by back parties. The Court of Queen's Bunch held that the Company having
O ca- pier
pier could)
given notice to an not withdrand from it though they
tai pay offered to
all reason
incurred by him in
Cervo e
able costs
eqrience),
a mandamme to compel
granted) the Company
to
and
Summon) a.
to
puy
enquire the value. Lord Wensleydale
said "The question is, at what period "they (the Company) shall be said to
excercised their option. Now
"have