The Sun.
London, England, 1831-10-17 00:00:00

HOUSE OF LORDS.-(THIS DAY.)

BALMER V. HOGGARTII.

This appeal stood for judgment to• day, but the Loan
CHANCELLOR, in order to give an opportunity to the par-
ties if possible to come to an arrangement among them-
selves, rose to move the postponement of the further con.
sideration of the case. In doing so, the Noble Lord
entered very fully into the facts of the cake, which we gave
in detail at the time it was argued. The appellant bad
taken a lease of a farm from the respondent at Hilton,
(under an agreement not actually executed,) at a rent of
5321 a-year, it being stated that the farm contained 333
acres, but upon measurement being made, and it being ascer-
tained that the farm was 15 acres less, the appellant refused
to complete the contract for the lease, at the rent of 5321.
a-year. Proceedings in the nature of a trust for a spe-
cific performance were then instituted in the Courts in
Scotland, where Mr. Hoggarth contended that the amount
of increase had nothing to do with the contract, the la m
having been taken in a lump. This proposition was denied
on behalf of tile respondent, and an issue was directed
by the Lord Ordinary for the purpose of trying the fact.
That issue the Lord Chancellor could not but characterize
as most indefinite, slovenly, and unworkmanlike, not being
at all calculated to ascertain the point required, but to
raise great doubts in the mind of any Judge or Jury. On
appeal to the Court of Session that judgment was re-
versed, accompanied wi.ha recommendation to the parties
to bring another action. With that recommendation the
Lord Chancellor could not concur, considering that it
would be infinitely better for the pat ties to meet together
and try if they could not arrange matters, the amount in
dispute being only about 11/. a year, the case having al-
ready been before three tribunals, and costs to a large
amount having already been incurred, much larger than any
benefit the parties could reap from the proceeding. He
should, therefore, as his anxious object was that the case
might go no further, strongly advise both parties to stop
all proceedings, reform the contract for the lease, if the
tenant was a good one, and the landlord seemed satisfied
with him, and should advise him to give up the 11/., bat if
the appellant would not agree to that, then be should ad-
vise the respondent to try if he could not meet him baj-
way. Litigation sufficient had already taken place. He
had thrown out these hints for the consideration of the
parties, and in order that they might have time to reflect
upon them, be would move their Lordships to postpone
the further consideration of this subject sine die, and he
should recommend to the parties to give up costs on both
sides.

Lord WYNFORA entirely concurred with all that had
been said by his Noble Friend relative to the careless man-
ner in which issues were framed in Scotland. The pre-
sent case completely verified the words of a great writer
who said—

" That causes were traversed and so little won,
That he who gained them was at last undone."
The further consideration of the case was then postponed.

GRIEVE V. WILSON.

In this case Lord Lyndhurst had appointed to meet the
Lord Chancellor, at ten o'clock this morning, to give
judgment, but in consequence of the Noble Lord not hav-
ing made his appearance at the time appointed, and it be-
ing then understood that he was gone to Paris, the fur-
ther consideration of the case was postponed, and their
Lordships adjourned.

ELECTION OF LORD MAYOR.
(TIIIS DAY.)

The polling has been going on briskly in favour of the
Reformers this morning. There is now net the slightest
chance of the other party doing any good at this election,
a fact of which they seem to be aware as they are using
little or no exertion. The day's poll, at one o'clock, was
as follows :

The 1-Ant Mayor 342
Alderman Thompson... 327
Sir P. Laurie 33