The Sun.
London, England, 1860-11-07 00:00:00

WEDNESDAY EVENINo, NOVEMBER 7, if36o.

LAW INTELLIGENCE-('

THIS DAY.)

COURT oF CHANCERY.
(Before the Lord Chancellor.)
APPEAL.-JUDGMENT.-ORMES V. BEADBLL.
This was an appeal from a decision of Vice-Chancellor
Stuart, on taking valuation of work performed under a
building contract.

4.------- - -.

The plaintiff filed his bill for specific performance of a
contract for building a house at Chelmsford for £1,400, and
for payment of the work performed. The defendant
alleged breach of contract, by non-performance of work
according to contract.
The Vice-Chancellor referred to valuators to value the
work performed, and decreed accordingly.
The appeal was fully argued by counsel on both sides,
and the Lord Chancellor now delivered judgment.
The Lord Chancellor said, on the ground that the plain-
tiff acted under the belief that the agreement of tLe 11th of
December, 1858, was a valid agreement, and ',:nat he did so
voluntary, and took advantage of it to 1:rio prejudice of the
defendant, lam of opinion that tliO decree appealed against
ought to be reversed, and that the bill ought to be dis-
missed. Ido not think aum called on to give any opinion
as to whether tht lieintiff would have been entitled still to
the benefit of that agreement, if he had fulfilled it. On
this part of thb case Z shall only remark from tbs.-,
evidence produced, that on the 11th of August,
1858, and far the reasons stated, that the plaintiff was not
able to (Am on the work and complete the building accor-
big to contract—that it was for the advantage of both
parties that the work should be abandoned, and the plain-
tiff paid according to the value of the work performed. ThrJ
plaintiff acquiesced in the arrangement that the work should
be completed by the workmen of defendant, and consented
that a valuation should be made by the arbiters, Messrs.
Chancellor and Copeland, and no objections were taken to
their allocator, If the plaintiff had proceeded
according to the agreement of the 11th of Decem-
ber, 1858, he would have been able to enforce it,
but he consented that others should complete the work, and
abandoned the contrast. The eases referred to of Wood
and Downes are essentially different, and do not apply to
the point to be de3ided in this case.
His lordship was of opi'fion that the valuation and deci-
sion of the arbiter'' ought to be supported, and that the
plaintiff was not entitled to take a second valuation to re-
and set it aside.
The Lord Chancellor reversed the decree of the Vice.
Chancellor, and dismissed the plaintiff's bill with costs.

SPORTING INTELLIGENCE.

HEREFORD RACES.-TUESDAY.

:'for two-yr-olds ; winners extra. Six furlongs.

POLICE INTELLIGENCE-(TRIS DAI.

IvIARLBOROUGH-S_,TREET.
GEINTLZMINLY AmusEiv::NT.—lienry Thomas and
Henry Johnson, gentle7den, and who gave their address
17, Strand, were ckarged before Mr. Beadon as follows t
Henry Ricketts, 126 C, said—This morning, at two, I
law the 'lefendants coming through St. Martin's •court, and
'aW lohnson let off a cracker. I cautioned him, telling
him it was a dangerous practice. They went on towards
Leicester-square, and in crossing the square I saw Thomas,
to the best of my belief, let off another firework, and at the
commencement of Coventry-street saw Johnson let off
another firework in front of a cab horse, which was so
frightened as nearly to throw the driver from the box.
I then took them into custody, and on the way
to the station Johnson pulled some more out
of his pocket, and gave them to a female walk-
ing by his side. Thomas said he had not let
off any, but that it was his friend Johnson. They were
walking arm-in-arm at the time, and lit the fireworks by
means of their cigars. I saw Thomas put his cigar down
as if to light the cigar, and: directly after the fireworks
went off.

Thomas said he did not smoke, but this was denied by
Ricketts, who said they were both smoking cigars at the
time.

Mr. Beadon said it was fortunate for them they were not
before him for manslaughter. They called themselves gen-
tlemen, and yet, when they knew he had to punish little
boys for the same offence, to think that they should sot such
an example! It was disgraceful. Ile should fine them
40s. each, or a month.

THAMES.

A DRUNKEN CAENCAN. —John Southern, a cab-driver,
wearing the badge No, 12,602, was brought before Mr.
Selfe, charged with being drunk and incapable of taking
care of hie horse and vehicle.

MIR EDFnoN

SUN OFF 'CB, Seven o'clock.

LIVERPOOL R VE9 —(This Day)

fiY
ELECTrac TErjEGßialr.
AINritEE PLATE.
Gibraltar
*** Ellen • *
Rara Avis .. . „
••• .
Nina Tara.
SELLING 87 CAKES.

Ladylike
• •
Five rE
Nutbush
NURSERY H ANDICAP.
-
Lady Ripon
Sir: ran.
WELT.E.ft CUP.
First Lord
• •
Irish Emigrant
Jenny Longlegs ~

Five ran.
HANDICAT HURDLE RACE.
13ucephalus... • .....
Irish Enaigran.t... • .. ...
Jealousy.. , .
........... ..
...........

Eight ran.
JUVENILE. STAKES.
Yotkraineter .............
Lady Ripon
••.,
Glen Stewart
................ •
Eight ran.
LATEST BETTING.
LIVERPOOL CUP.
3to 1 agst Light (taken)
100 to 15 agst Brewer (taken)
9to 1 agst Moorcock (taken)
Caere Arnie scratched at 2 p.m. this day.

The nursery Handicap of 5 sovs each, 2 ft, with 50 added,

Brayley's Tonio, 7st 21b (Lambourne) 1
Mr. Windsor's Flirtation, 7st (Grimshaw) 2
Mr. Bowen's Podarces, 6st 61b (Pearson) 3
The following also ran :—Astarte, Electricity f, Caleb,
and Wortham.
Betting-5 to 2 agst Astarte, 3to 1 agst Caleb, 7to 2
agst Tonio.

After three false starts they got off very unevenly,
Electricity f lying in front to the bottom turn, where Tonio,
Astarte, and Podarces went a head, the former winning a
good race by a neck ; a length between second and third ;
Astarte was fourth.

The City Selling Plato of 3 cove each, with 20 added, for
all ages ; winner to be sold, &a. Six furlongs.
Mr. Brayley's Pescatore, (MO), 3 yrs, 7st 41b (Lambourne) 1
Mr. Nightingale's Zingari (£al), 3 yrs, 7st llb (Grimehaw) 2
Mr. Robinson's Gloom colt, (e2O), 2 yrs, sst 71b (Parsons) 3
The following also ran :—Jesuit, Bonny Lass, York -
shire Miss, Ratlagoom, sis to Electricity filly, and Reverie.
Betting-2 to 1 agst Zingari, 3to 1 agst the Gloom colt,
5 to 1 each agst Pescatore and Ratlagoom.
Reverie made play to the straight, where Pescatore and
Zingari singled themselves out, the former winning a good
race by a short head ; a bad third ; the others close up.
The winner was sold for 31 guineas.
The Union Hunt Steeplechase of 2 cove each, with 30
added ; the second horse to receive 5 cove ; llst 71b each ;
gentlemen riders ; riders who have won a public steeple-
chase to carry 101 b extra. About three miles and a half.
Mr. J. Walker's Archbishop (Mr. F. Kench) 1
Mr. Adams's Nell Gwynne (Mr. Frederick) 2
The following also ran :—Gentleman Waif, Chatterbox,
and Handy.

Betting--7 to 4 agst Handy, 2to 1 agst Nell Gwynne.
Won by half a distance. Oily two passed the post.
The Herefordshire Grand Annual Steeplechase of 10 sous
each, 3 ft, with 100 added ; the second to save his stake,
and the winner to pay 25 soya towards expenses. About
three miles and a half.
Mr. Jenning's Cosmopolite, 9st 101 b (Nightingall) 1
Mr. Francis's Tumbler, 9st 51b (Sly) 2
Mr. Manby's Kibworth Lass, 10st 91b . (Enoch) 3
The following also ran :—Brunette, Old Ben Roe, Omar
Pasha, Medora, Sahib, The Dodger, Monmouthshire, and
Tomboy.

Betting--3 to 1 agst Old Ben Roe, 4to 1 each agst
Tumbler and Cosmopolite, 6 to 1 each agst Monmouthshire
and Medora.

Kibworth Lass was in front till they got to the last hurdle,
when Cosmopolite went ahead and won by a length ; same
between the second and third ; Monmouthshire next.

The Hunter's Stakes of 5 sous each, with 25 added, for all
ages ; winner to be sold, &c. ; to be ridden by gentlemen