The Sun.
London, England, 1864-02-12 00:00:00

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ary—" Team: a team or yoke of working data
adding, " Somner applies it to a litter of
(Laughter.)
Mr. Justice Crompton—What, is the word ap-
plied to a string of little pigs ? (Great laughter.)
The learned Counsel observed that it was even
applied to a line of ducks ; in fact, to a line of any
sort of animals. It meant in the present instance a
pair of working horses in a line—not abreast; for
that would require a different kind of harness, and
it could not be supposed that the man was to drive
them in a cart " tandem" fashion. The team was
like a team of pack-horses or horses in a waggon,
only the Duke was to find the waggon or cart. Be-
yond all doubt, the Duke was to find the work that
was to be done. Was ho not to find the tackle, or
machinery, or vehicle adapted to the work to be
done ?
Mr. Justice Mellor—How is team work to be
done without a cart?
Mr. Huddleston—How is it to be done unless
work is provided to be done ? Aud if the Duke is
to provide the work, why is he not to provide what
it is to be done with ? Otherwise the Duke may vary
the work to be done infinitely, and throw on the
tenant the burden of providing tackle or machinery
or vehicles fit for it. Put the case of harrow-work
or plough-work. Was the tenant to find the plough
or harrow, or the coal-cart, or the dung-cart, or the
waggon, or what not ? Surely the Duke, as he
furnished the work, must provide the proper vehicle
or tackle for it I All that tbe tenant had to do was
to perform the team work. But a team alone could
do no work; and how could the tenant before he
knew what work was to be done provide the tackle
for it? The learned counsel made the following
citations:—
Johnson's Dictionary, Todd's Ed., 1827.
" Team (n. s.) (temo, the team of a carriage—Latin;
team, Sax., a yoke).
" l. A number of horses or oxen drawing at once the
same carriage.
" ' Thee a ploughman all unweeting found
" ' As he his toilsome team that way did guide,
" And brought thee up in ploughman's state to bide.'
—Spenser.

a S

" ' We fairies that do run
" ' By the triple Hecate's team,
" From the presence of the sun,
"'Following darkness like a dream ;
" Now we frolick.'
—Shaksperes Midsummer Night's Dream.
" g I am in love, but a team of horse shall not pluck that
from me, nor who 'tie I love.'—Shakspere.
is s After the declining sun
" Had chang'd the shadows, and their task was done,
" Home with their weary team they took their way."
—.Roscommon.
"'He heav'd with moil, than human force to move
" ' A weighty stone the labour of a team.'—.Dryden.
" 'ln stiff clays they may plough one acre of wheat with
a team of horse.'—Mortimer.
" ' Any number passing in a line.
" Like a long team of snowy swans On high
" Which clap their wings, and cleave the liquid sky.'
—Dryden.

" To team (v. a., from the noun), to join together in a

team.
" ' By this the night forth from the darksome bower
" ' Of Erebus her teamed steeds gan
—Spenser (Virgil's quart.)"
After a long and interesting argument the learned
Judges consulted together and then delivered judg-
ment.
Mr. Justice Crompton said he thought that the
duke, the plaintiff, had not made out his case so
clearly as to sustain a forfeiture. In the modern
sense of the term the word " team," to aay the least,
did not clearly imply the cart as well as the horses.
He thought that the meaning was that the farmer
was to bring the horses and do the work he was set
to. Something must be added to the agreement to
make sense of it. It might be said that it was not
stipulated that the duke should find the cart. But
so neither was it stipulated that the farmer should
do so. And then it must be considered that the
duke was to prescribe the work to be done.
And the farmer could hardly bring the proper
vehicle or tackle before be knew what the work was.
Moreover, the agreement was not to draw the coals,
but to perform the team work. If it had been to
draw the coals, then the tenant would have had to
find the cart. But it was not so. The work to be
done was not confined to agricultural work. The
work might be to draw timber, or carry coals, or
draw a plough or harrow, or what not. In all these
cases the tackle or vehicle would vary. And if in
all these cases the tenant was to find it, the contract
would be very oppressive. He thought that it was
enough if the farmer sent the horses and the driver
to be put to such purpose as the Duke's agent might
please. It was to be lamented that these contracts
were not made more;.'clear ; but on the best con -
atruction he could put on the agreement it did not
mean that the tenant was to bring the cart.
dlr. Justice Blackburn concurred. No doubt it
was a general legal principle that if a man con-
tracted absolutely to do a specific thing he must do
it, and find the means to do it, as in the common
mercantile case of a vendor contracting to sell goods
" free on board"—that is, to put them on board
free of charge, in which case, of course, he must find
lighters for the purpose, though, on the other hand,
the vendee must provide and name the ship. So
here, if the contract had been to draw the coals, the
farmer must have found the cart as well as the
iorsee. Bat here the Duke was to define the work
to be done, and it must be work proper to ba done
by a team of horses. It might be to break up a
field, in which case the tenant might say, "Here is
my team, and I ana ready to do the work ; but
where is the plough P" So, if he were set to draw
timber, be might ask for clumps and chains to draw
it with; so, if he were asked to draw coals, he had a
right to demand the cart, for it was impossible that
the team should do all these varied kinds of work
wieiout the proper tackle and vehicle.
Mr, Justice Mellor differed, and thought that the
farmer y,-,as bound to provide the cart. It might
well be that the Duke might not have the proper
vehicles to do the work, for he was to do the team
work, and he could not do it without the vehicle or
tackle. The contract was not merely to furnish the
horses and man, but to do the team work, and that
bound him to do and provide all that was necessary

to do the team work.
The majority of the Court being, however, i❑
favour of the former, the rule was absolute to enter
a nonsuit,
Mr. Gray observing, however, that, as it was
ejectment, the Duke could bring another action
anyhow.