The Express.
London, England, 1847-05-04 00:00:00

Zato Intentenut

ROUSE OF LORDS.
Primal—TM Lard Cbanosilar, lord Brougham, and Lord Campbell
Tan TAIT VALI RAILWAY COMPAXY V. 111IOX
011111111.—QVIDITION ESTRIN/I LAW AND EQUITY.—Tid
was an appeal from a decree of the Vice-Chancellor of ?Lap-
land. The appellants, in the year 1838, soon after obtaining
their act for making a railway from Merthyr Tydvil to Cats
did, entered into a contract with the respondent, William
Nixon, for the execution by him of specified parts of the
works forming the railway, in each manner as was mew
tioaed in the contract, for the price of 7,3931. 15e., subject to
deduction or increase, as thereon mentioned, the same being
paid during the program of the works. The contract eon-
mined a rondos for extra works, and for payment of the
pas thered. Nixon was not able to complete the works
kr went of new, and he entered Into an agreement with
ewe D. them he the advance of the necessary funds by him ;
to thug be gave a power of attorney to receive the contract
woo heft the appellants. A new contract was soon after-
wards entered into between the appellants on one side
and Nixon and Storm on the other, by which a part of the
first contract with Nixon was set aside, and the exectrion at
the works transferred to Nixon and Storm, in parnenidp.
The deed contained numerous covenants for the completion
of the works by Nixon and Storm, and for papa**
by the appellants. All the works, both IMMO"
and extra, were completed in 1841, and the prime
of the extra works were calculated at 9,1331., which
being added to the sum of 7,3951. 15s. for the specified
works, made 18,5281. 15e. Several sums had been paid to
Nixon and to Storm, in the progress of the works. Storm
was declared a betaken t in 1841, and his assignees claimed
from the appellants balaaeee due to him on the footing of the
contract, while Nixon insisted that all these balances were
dee to him. The appellants and assignees of Storm referred
the claim, as to the sums dos from the former for the works
dose, to an arbitrator, whereupon Nixon filed his bill in
Chancery against the appellants and Storm and his assignees.
The appellants, in their answer, objected to the bill that, if
time was any ground for a suit against them, it should be an
action at law upon their covenants, and that there was no
sort et equity in the cam made against them by the bill.
The Vise Chancellor was of opinion that the case was proper
be a lead anal*, and as agaear, treating Storm in the
pea dos Oa asapsee (la eannammee of Nixon's arrigra-
mast Si km at Os Saner tbe appellants owed to him for
the weds, he the repapmeat of the loans or moneys ad-
vaunt by Stem), decreed asseanta between all the parties
' to be basket the matter.
Sir F. and Mr. Balawas (with whom Mr. W. M.
Jana) be appellants, esetandal that there was no
matte at equity he the nee, that there was no dispute as to
the re talky ads@ works, or as to the prices paid
cep re dee- he Megia-• and that ga raiser at law upon the cove.
undo is the inatiacts was the say gat, if any, that ought to
be Instiented. An arbitrage, whether appoint:l:j agra.
*ant of the pettier In a Nan, at the trill , or ap.
pointed Dyad= wI ate 1., weaM lath all the mita%
including the aosegale letwona an parties, aneh baser
than a male is ebeary.—Tke lime adjourned without
haarbe the goonmel be the rapoadmis.

BCIIII TT COURTS.
Behre tbe master or the Pols.
8111 a O. Loin RTPTNON•K.—T•IATION OF Baia Or
Coors.—DIS•LLOWANCII or COVNIIII.II' Fan •1111 Rio
PEW or 81011THAND WILITSI4. Nom.—The Minn Ft
the Isis delivered kohnesat In this ease, which was heard
behn ideas an tine- dace, ea a ipea by the plaiatiff
for the taring thesentes review by repast, by which he had
dinifieweil ends one wYeh the who was ear
I eine' pony la the suss, eleshe le diens the detenint
with. Thiene 1111•01 WNW he petite aan
masa-law rewassel ; ten geld to S ffiiM nen Oa rebessiag
the etre ; hr a anal end third onneltatioa • rise, the
oasts 14.. of theithen writs& metes of the bearing.
His wastes the water woo right in dis-
allowing the dawn A ageisime party was
waleine te neSswinsin need he phased, but the
inn enure el la a omen preseing ia another
end seen art to le the egfedthi party. It wend he
epprenen eibw nth to be the_ .rele 80, se le inn
ban writer's nth, h wee win inwertant to have a cornet
statemed et the peesimminge ; bet here again the quake
was, vibe*. the ten= atisheald pay for them 14
hen the etheinienneeni of the aperth it was
deeinal whether seen& the wan eon be Fe-
nn, *n en be assenthy he supply them with weir et the
==istilea W lasollaseth=lentaire :e ben=
he went in sad addition aapeaa If no welt
mann milt the weer ahead sot be allowed
in lb eggesen. t • noodling three cannel at the rr
been& thee wee wing aueenny ; two had boa
employed antis MOW laransi; red the rehear=
amens Headed with sane hie Minty than the
=. reeseltalaththligne clearly sufficient la the
nee. Lagenth ars, mbar therere went omen
engaged who were net enveriant with the proceediege
the awn nen Within asonserr, bet that was sot the nee
he He deed, theeehre, dismiss the widen with eon
Do/mar le. Do macaw& —C °Vann? TO Mr • POLIO!
OW INV:MAXON ON 100 T NOT ,NOW BY TN) BOICIDI OF
TUN Covetintna.—Tic hots et this are, which have al.
ll* Mont In pen, nee thin : the In William
athissemantiriwis"irliesi elh="4l PAki
Minise trodlosibr us Ws la the Linea
0, nen then. en the deed sealeinserbei NubylemisBßa,.
seade all peen osse
Oa*. ism sec k=r,C27 ihst
him ink wee hen deserael ia
if
The Inners le the ease fir eg ns •
isansittidie_ pilar, end, ea the of the Wiens pi
ea Mina VW bat a Tenn wee oilseed lq
direthea et 6111 jails tor las dothadieste, ead a seleneset