The Sun.
London, England, 1837-05-30 00:00:00

CARL/ELL V. WEST.

This was an action of ejectment, and ►ras brought to re-
cover possession of certain premises, at 80 Strand. Mr.
WATSON appeared for the plaintiff, and Mr. ARCIIBOI.D
for the defendant. It appeared that the plaintiff, a Soli-
citor of Bedford-row, had in the month of April, 1836, let
the premises in question to the defendant, at a yearly rent
of 145/., on condition that the sum of 4001. should be laid
out on repairs, exclusive of painting ; aud in the articles of
agreement was a clause which stipulated that, unless the
the repairs were perfected by the 12th of June, according
to the schedule, the plaintiff was to be entitled to
re-enter and possess the premises. The repairs
were to be done under the direction of a surveyor,
and when the time had expired for the performance
of the repairs, they were found not to have been
perfected, and the defendant refused to give up the pre-
mises to the plaintiff's clerk, who was sent to demand pos-
session. Several surveyors proved the defective state of
the repairs, and that the sum agreed upon could not have
been expended in their performance. On the part of the
defendant it was contended, that the defendant would have
performed the conditions of his contract, but he was delayed
by a neighbour, who had not assisted him in the building
of a party-wall. The Learned Counsel was proceeding to
address the Jury, when it was proposed by the defendant,
and accepted on the other side, that the terms of the con-
tract would be perfected in three months. The Jury,
under the direction of his Lordship, returned a verdict for
the plaintiff, and execution not to be sued out for three
months, in case the repairs were performed agreeably to the
schedule within that time, and subject to the approval of
surveyors appointed by the parties.

COMMON PLEAS.-(THIS DAY.)

WRENCH V GARDNER.

In this case Mr. PLATT on a former day obtained a rule
to show cause why the verdict for the defendant should not
be set aside and a new trial had on the grounds that the
verdict was against evidence. Messrs. THESSIGER and
CHAMBERS now showed cause against the rule. The ac-
tion was brought to recover the sum of 651., being the
amount of the price of a quantity of peas for seed, which
had been sold by the plaintiff, a seedsman, to the defend-
ant, a market-gardener in Kent. The case was tried at
Guildford, by the Lord Chief Justice at the last assizes.
Mr. PLATT was proceeding to reply when our reporter left.

THE FUNDS.-(THIS DAY.)

CITY, TWELVE O'CLOCK.

Our arrivals this morning are the French mails, and ship
letters from Lisbon, Cadiz, Gibraltar, and Oporto. By
this last conveyance we have received Gibraltar Chronicles
to the 20th May. Course of exchange at Gibraltar :
Private bills on London, at 90 days' date, 48i to 48i. The
news from the south of Spain has been anticipated by the
French telegraphic despatches.
The following is from Falmouth this morning :—The
Peninsular steamer Braganza arrived here to-day from
Lisbon, having sailed on the 24th ; being three days later
than the Transit, alread3 arrived. Nothing had transpired
respecting the formation of a new Ministry. The only ad-
ditional person named was the Marquis Fronteira ; but it
remained questionable whether he would accept the office.
Senor Passos, in the existing difficulties, holds the portfolio
of the various offices pro ten:. The advance of the Queen's
forces in the north of Spain was partially known at Lisbon,
but created little or no sensation. The Braganza left
Malaga on the 18th inst. ; Gibraltar, 19th inst. ; Cadiz,
20th inst. ; and Oporto, 25th inst. She brings forty-three
passengers.