The Express.
London, England, 1846-12-18 00:00:00

SPORTING„

TATTERSALL'S —Tituseoar.
The cab, Derby bets laid yesterday were o W 1 agt Van Tromp, to
1004., 15 to 1 agt Epirote, 33 to 1 aid Larted.de, and 40 to 1 ogt Mad
Hart ; the butt throe in small soma
CH La, eve.— SO to 1 offered on the field, but not a bet laid.
The Leamington Ample dunes, weather permitUng, are tualendowil
to be for the 24.1th0l January.

tato fritttligcnct.
EQUITY COURTB.—YERTERDLT.
Before the Lord Chancellor.
KIRK V. THE BROMLEY UNION. —BUILDER'S CONTRAUT
b .
—LIABILITY or COUPORATIONS.—This was SR appeal y
the defendants against a decision of the Vice-Chan:Tiler of
England. The plaintiff is a builder, and entered into a
written contract with the defendants for building their
workhouse. In the prosecution of the works the plaintiff
made several alterations sod deviations from the original
plans, with the approbation of the defendants, but the con-
tract in writing did not provide for these, and the defendants
refused to pay for them, or to certify that they were done, end
in the absence of such certificate, or of an agreement in
writing, the plaintiff could not have an action against the
defendants, who are a corporation. and he therefore &eel his
bill or relief in this cour. The defendandemurred tithe
bill,f and the Vice-Chancetllor overruled the demurrer.
The appeal was partly argued on a former day by Mr. J.
Stuart and Mr. liarereace for the defendants, in support of
their appeal. Mr. Bcthell was proceeding fur the plaintiff
when he was a-ked by the Lord Chancellor for any caf•c in
which it was held that a party, not able for want of written
instruments to have an action at law, could have relief in
equity : he reque.ted time to search fur such a case, a id the
further hearing was postponed.
Mr. Bethel' to-day re,umed his argument, and referr. dto
the case of "Bond v. Hopkins" (Scheele, and.befroy, p. 413),
to show that a party Whose evidences of title were in the
possession of hie adversariee, would be relieved in equity,
though, for wait of the written instrumento, he
decouldants
not
proceed at law. Si in the present case, as the fend
refused to give the plaintiff a written certificate of the woks
being done, this court might properly interpose, more eve-
cially as it was a mo.t unconscienth.us proceeding on the
put of the defend ints to saa:tiun the alterations of tile
works at great expense, and then to refuse to pay for them.
Mr. lietheringtoe w.s on the same side.
Mr. Stuart in reply Paid, that by the written contract,
the plaintiff' was required to give notice in wr.ting
the defendants, of any e.terations or deviations, for *hick
he was to exptet any ex ra payment. As he omdtcd to
give such notice, the defendants did not object to the works,
being under an iuipte-sion that th.y were not to -
them. The p aintitf admitted that there -
that effect in the contract, but that ho '
he WOK deing the work.
The Lord Ch ir.ceil,r said he
..•eo des,

'4,7;- „at

e. lie eat dowu, hut in it few minutes len oraharatrinit
re.e..ireo
for future
uuc
:aaalimnauttir Few t!)kactairiona adit:a(itaillbon
twenty
ili,iedttee.
etfrTliiriz..Nretaible
Lberiiitetehnce fpaprt,shiest exsine trema: re
elr.itldioutwing.tea;ceo ,
The surgeon amt. Verdi death.to a sudden qualm . Of--the neighbours if ve tioo. ..-
t, probaldy eßrut
Att*,.d hy the aceerity of the weather. ealirn-nowseiedire°f "or =lf w.,,,,ere% of. tease'culT4,ielefi (ruin... the arsh hod ulce7ated away in many places to the bone. give suchnotiee,.the tlef!•ndantbmtu
rasa h althy than. Vct—"Natural deaih."— petent to avail Memacties of the unormation cunt+ to atm. The body vial affowed. to. remain al. l tn the chamber being under an . toque-mon that h.uy"rent'si;oi-t-o pay to;
tost EHAutiiioN.— By Mr. Beiltord, at the Dial- of We committee% liniment with our knowledge t Mow who without any light, and is the morning tt was dit.coyered that them. The p aintitf admitted that there wati.s.
aged 62, a cab drone. Deeeitsviis widow ad pied fur training puldic educator, ach ror more
Charle,strett, Gritatetior,quare, on the body of ha' recrived the.t!trePntlu'owlaa b. City prized them, and hare pro. the rats had go, into the mom and had eaten away her under that effect in th.. contract, but that bo ergot
dow de- CO greatly by them. , unreal silme rxtended nuon, arc h r kit ch k. These facts were detailed in he WINI •4t.ing the work. -
t thew w. re in great and of law ence, an • o Td ch ••I r mid he would eon:Wirt es.
I d the ouroeon who had made a past- morlen ex- he ir r.c.., ,
lip.. and a part o e • ce Ole •y
Er.
;.. I,a