The Sun.
London, England, 1822-12-24 00:00:00

N. B.—The Prices have been lately reduced.

This Day was published,
I❑ Three Volumes, Octavo, price 365.
The Third Edition, of
THE LIFE of the Right Honourable WIL
LIAM PIT!'.
By GEORGE TOMLINE, D.D. Lord Bishop of WIN-

CHESTER.
. Printed for John Min ray, Albemarle-street.

LAW INTELLIGENCE.

COURT OF CHANCERY, Dcc. 23.
EARL GROSVENOR V. MATHER AND CO.

Mr. D. F. JONES stated that this case was brought before the
Court, in order that his Lordship might assign the terms of the
issues which he had directed to be tried. The suit had arisen
out of the misconduct of a gentleman whose name could not
now be mentioned by the members of the profession without
sensations of pain and regret. Mr. Abraham Moore, the gen-
tleman to whom he alluded, as the agent or Lord Grosvenor,
had entered into several contracts with essrs. Mather and Co.
for the delivery of certain quantities of lead, at prices then agreed
upon, from the estate of the Noble Lord, with stipulations
that the Noble Jord should forfeit certain penalties if the
lead should not b 3 delivered within a specified time. When
the defalcations of Mr. Moore were discovered, Lord Grosve-
nor, for the first time, became acquainted with the con-
tracts, and was . disposed and advised to resist their per-
formance. There were in all five contracts, and on the
first four Messrs. Mather neglected to sue, but sued Lord
Grosvenor for all the forfeitures on the non-performance of
the fifth. Lord Grosvenor resisted the performance on the
ground of impossibility, because the quantity ,of 4ead to be
delivered was more than the. mines .produceit. and that the
defendants, from the vicinity of their establishments, must
have known this ; also because the conditions were disadvan-
tageous, inasmuch as the price was far below that of the mar-
ket ; and farther, that in such singular contracts, the defend-
ants were bound to have consulted Lord Grosvenor as the prin-
cipal, more particularly as the conditions of the first and second
contracts had not been complied with when they signed the
three others. The defendants had prepared forty-four issues.
—On the part of Lord Grosvenor, he applied for the Court's
direction. The single question was, whether the contracts were
made bona fide with Mr. Moore, as the agent of Lord Grosvenor,
or whether they were not made under such knowledge as would
defeat them. If they went to trial only on the terms of the con-
tract, the attention of the .Jury- would not be drawn to this
question. It had been thought proper that there should be a
general question of contract or no contract, and to that question
the various circumstances he had mentioned would furnish the

proper media of proof, and the conscience of the Court would
beinformed of the collateral points. The circumstances of the
consideration of the original contract would be shut out on the
issues prepared by the defendants. Ile hoped that his Lord-
ship would give directions for such an issue. Lord Grosvenor
neither desired, nor would he permit, one shilling to be lost by
any one who had a just claim upon him, but against the exor-
bitant and unfair stipulations of these contracts he felt it his_
duty to resist.
The ATTORNEY-GENERAL WI the same side.

Mr. LIT TL EDALE, for the defendants, was very ready to
comply with his Lordship's direetions. It had been thought
necessary to get out all the contracts, as some of them were
founded on papers and correspondence which referred to other
correspondence. lie submitted that he ought not to be tied
down to the specific terms upon which his clients sought to esta-
blish the contracts.

The LORD CHANCELLOR—You had better frame your
issues in the largest and most comprehensive view in which you
are desirous of alleging the contracts to have been made. The
Jury will then be able to find whether Mr. Moore entered into
that contract or not, and if he did not, into what part of it he en-
tered, and whether he did so in good faith as the agent of Lord
Grosvenor. The Jury may also be at liberty to endorse special
matter on pOstea.
Mr. LIT TLEDALE suggested that that there should also be
an issue of quantum dam:Om-his.
The Loin) CHANCELLOR.—Let the Jury find at the same
time the damages, and I will attend to that point afters-arils.
Frame your issues and hand them up to me and I will settle
them.