Star.
London, England, 1818-08-19 00:00:00

CUSTOM-HOUSE, LONDON'. AUGUST is.

SNIPS INTERCO INWAII,9B.—The fescue, Nelson, from Chris.
tlana ; the Star. Harem and Richard, Denny, (roan Ilamburgh ;
Prince of Orange, Collins. from Rotterdam ; Ann, Mustensen,
from Norway ; Hercules, Goodall, from Riga ; Syren, Payne,
from Oporto; and three ships containing corn.
Oursaasra--The Hibernia, llionas, for Curacoa; Afatchless,
Garrat, for Antwerp; Saxony, 11-cgh, and 'Marquis of Welling.
ton, Gill, fur I lamtturgh ; Fox, VA, tar Ostend ; Merchant,
litnlayson, and Iris, Zimmerman, fur Stettin ; Alfred, Wilson,
for Palau; the Active, Ilarriugton, fur Quebec; Amphitrite,
ltatouin, and Sumaphor, Creoeden. fur Rot.cn and the Ahnira,
Farmer, for Conitautinople.
DISTRIBVTION OP PIUZE-MONF.Y.
Harannah anti Apollo, for FCranie ; Subtle, fur the Circle;
and float, out of a Dividend from the Estate of Le Mesurier
and Co. on the stScl inst. at 22, Clement'.-inn; and recalled
every Tuesday and Thursday for Hum months.
Bulwark, for the Elizabeth, and some spirits picked up by
the Asp, oa board, the 25th Lost.; recalkti in Scotland-yard,
Whitehall, for three months.
SHIP LAUNCH IN THE EAST-INDTES.

On the Bth of January the inhabitants of Cal-
cutta were gratified by the most magnificent spec-
tacle of the kind ever witnessed in that country. The
first line-of-battle ship built on this river, was com-
mitted to the waves from the dock-yard of Messrs.
KYDS and Co. at Kidderpore, amidst the acclama-
, dors of some th:usands of Europeans and natives,
whom ctirrosity had assembled to view this beautiful
and grand specimen of naval architecture. In
hn-
nour of the Most Noble the Governor-General, she
is named the Hastings. After the launch spacious
rooms were opened in the dock-yard, for the accom-
modation of a very numerous and repectable assem-
bly of Ladies and Gentlemen, invited to partake of
the tfffin provided by the Committee of Manage-
ment, at which the Vice-President presided. Many
toasts applicable to the occasion were drank, and thel
day passed in cheerful conviviality. The folbwing
are the dimensions of the Hastings : _ _

Ft. In.
Length nn the Gun Deck - 176 11
Breadth for measurement - 47
%abet' in tuns - 1705 o
This ship carries on the lower gun-deck twenty-eight
32-pounders; on the main ditto, thirty IS-pounders;
on the quarter-deck and fore-castle, eighteen I 2
pounders; and on the poop, six 42-pounders.

Orders are gone down to the several Dock-yards,
to repair and make a very considerable number of
anchors for the ships of the line, and upwards of two
hundred for frigates and va•.sels of a smaller force, as
on a survey, there were not found a suiliciirnt 11U/fi-
ber of the established weight iu store. •
Lord CocnkANa has actually sailed from B mlogne
for South America, and taken his wile with him. He
went in a vessel called the Ilose.

BOULOGNE, AUGUST

This place is now crowded to an uneal
gree. On the PRINCE REGENT'? Bin
Ball was given, tinder the auspices
EDWARD SOMSREET, by the Lngli,sh tr
The Theatre was engaged for the purr
tenor was formed into a spacious sit°
of a platform erected over the ph. Aboic
attended. The spacious area wa.; ill
chandeliers of cut glass and variegated
Dancing commenced .t ten ric:ock
While Cockade." Quadrilles, welt; e•,
lowed. All the Officers of the Eiiti
present. Every respectable inhabi,a:.t
was invited. The tables r.-ere Lid ow
taste, great judgment, and kfitlite c(
could excel the magniEcence of the whi
Nay felt it-cheerfulness and convivi
throughout ; and one feeling of ham
and good humour prevailed. The :iv:ern(
break up till five o'clock. " The Herald ,
Rose" ushered in the
Ft idav next is the day of St. Lillis, Wh
mean to return the compliment. The
parations are already going on. •

Welresiay. the New Spa at Che
4aeitexl, and a general assemblage of
and visitors greeted the elegant Pump.
extensive If and Promenades.

The Dadra. who prudently cut then
ding to theirdlogA, have -adopted still
nomy in the article of linen. The A/
universally exploded as an incumbranct
Beau's complete dress suit of linen cone
collar, a pair of broad teriabands, and
cloth. The whole may be conveniently
waistcoat podet ! A. Daddie is not com
a white hat.

'fhe Performers of Drury Lane Tin
ceived notice that the 'Dwane will open
Len month.

EscList' OPERA.—The Milo-L`7orna
Boy has been revived at this Theatre wit
success. The performance of the prit
ters is excellent. NikS KELLY, as the
excites the liveliest emotion, by the ton
of her representation; and 'Ales•rs. B,
T. P. Cooaz gave the greatest eTect u
Oberio and ka/ig. The silly drollery a
was very humorously given by Mr. I!
niaterie with which he swig his Span
irresistibly comic, and called forth a
Some songs were well executed by M
Mr. PEARMAN. The chorusses were
spectably sung. This Piece has, on the
got up in the best manner. Much of tin
peals to be new, and is beautiful and im
House ww. cloy-Jed.

Bom-Mor.--What frequenter of the
pais, does not know chat venerable fath
ture n is so happily formed to represent
Thi; nasal Autsrmteums, aim' having,
committee of criticism, heard read the
ynung author, frequently observed, "1
,rifectiabm2; young man, one should" Then," said the poet, " yon
tl rowsh your nom."

A singular and ridiculous circums:ai
a short time since, in Brittany, which
being attended_ with unpleasant and I
quinces. A Lady was travelling lately
she was at Painbauf, Where, it is believ
singularity of her hat and head-dress, she
like the false Dauphin, who was lately t.•
This report spread like wild-fire, and sh;
le the false Dauphin, disguised as a w
crowd soon collected to such an extent, I
authorities could not restrain the people,
to the inn where she WAS, and made a great
The host came to her, and begged her fr
to make her escape, for he could not an
consequences. Ile procured her a ho;
her out by a back door, and she was
fourteen leagues to Nantes before she
safety. She had hardly gone off bete:
surrounded the house, and demanded tl
phin, and it was not tall some time, a:1
difficulty, that they dispersed.
The Gezelte of last night again annm
pointment of Mr. Scuow to be Danish C
mouth, and omits the addition which Wai
affixed to the title of the King of DEnsi
now styled King of DrxmArra, inter
DENMARK and NOILWAY.

Six Frenchmen were lately fined e10')
mouth, for being taken with contraband
certain limits of the British shore. In :II
meat they were committed to jail.
The followir.g is a literal copy of a w
given by the clerk in a parish Chard! in
" This as to gee nous, here's narra Sant
Sunday ; keas why, measter is gwuing
prczch !"
Friday se'nniglet Cook Priv, an inlet
village of Shabbingtcn, Bucks, was thy;
the town, pursuant to sentence passed t'
list County Sessions, holden at .tylc.
saulting the Rev. I'. LoxG, Vicar of th

The man alluded to in the STAR of
confessed that he was the mur.!erer cf
the young woman who was found in ti
short time since, near Te,tunkridge, I
mitted to Maidstone ja;l, by the na:a
he is by trade a c4rpeuter.
At a General Nreeting hell at Car
ir.st. of persons inta.ntei its the presp<
berland and Counties adjacent, it we 1‘:
'diately to commence the formation e!
tween the City of Carlisle aal the
The estirmued expense is L.71.f (4. _

Row:No.—Two lAndsinen have unde
wager of some amount, to row in cor
from Westminster Bridge to Ridur.ond
back again to Westminster, within
hours. To be decidei the beginning of nest
CnicEET.—The Cricket Match between elms
Gentlemen of Egham against eleven of Cluntse;.
was played on Monday last, on Englefield Grcva,
and won by the former.
Wit, MARK-LANS, AVOUST
had but lktle doing this morning, when saks of x:
Grhin were heavy, except fine English Wheat, wr:'.s
fully sup;lorts Mondays prices. Oats sold
but fin: i.iesh :ample/ waint.iiti'theii price:.

r
unexv,, t, r .
th.daV •
LOrd an ;"
If) Ce.e
,
sr
riK to
'u t 'pr.,-
rilurr i
ed har;s. .
cky WI:: 7.• h.
", • i. sk
itish
t.t cf
nit ysia :
cost, :•,,14."p
rimier
tr:a:
scembly did 9
dof the It e,:id 1
when the j;t4
he greatest Fs
telteniram els
of the residy.cs
P•Ropm,arte:ts
heir cods acres
greata ecro 1
!hag iS
nce. A model
ons:sts only (el
nd a blick.auf. 1
ay carried ;atilt
omplete yeitkxt
rheatre have re• si
en on the 7th a rt
II
na cf the b
with e re,trz
irincipal chug. n
the Blind BOA 4
force and trt:k e
BARTLEY ari C
to the pans ci
•of the rost.rwa s!
11.satcy. The
:troop Say WAS
a lively ascot r
fir. lalAcf and C
•e also very ra
the whole, bare
the scenery
imposing. Le
t Thee ter Fry.
ether whom
tt Sctrio Stun.
ig, as one.of fte
he coined.: of a
"this es bad—
Id write as he
)11 must write—
:mice took place
h was very near I
serious came.
tly in Brittany;
iered, from tire
ie wassaid tote
t at Itons
she was said ts
woman. Ilse
t, that the city
They came
great clam:Jr.
for Goes 7..,e
answer
::7,1 took
; furced -ide
!:e cutild be is
fore the people
the false Da:-
and with grert
nonnces
L Conml at 1•:.-
xas ert oae..L.!!
NUAr fly ; ;
read of King, tc
0') each at Ply.
g. .).1; syiera
deriralt CI 'lv!-
, notice recei
in 1/evonsti.r
inday here
g to to
'habitant of
loggr.d thr,;:tels
I on Ilin• at an
f: ...•
pl:ec.
Saturda-, w:*
L t 1.2 A
1. ..S
:Ire of 'date:.,
en the
iperi'y of (
1CV.1.:V;.:
et a I,e•
SulW.l
ldeTte:Ctl. fr I
:om mon w:terly
tfi i.!!!!.. art
sra,c
• of nest :nom:.
between elms
en of Chotse:.
ngleFeld Green,

d LAW INTELLIGENCE.

C G:: CIIANCVAIT, AUGUST Is.
orxnA HOUSE.

T..en DCHANC Er. LOR" I perceive Mr. Mills
Tarrant are both here in this Opera case,
Ili we had a paper submitted to me which I
T..trrant has not probably seen. I should
o.;,re think that you, Mr. Tarrant, had as well
this paper hoar, which has been just handed to
le Li; re,:enthr, by the other side, and let me
„ :t hyna can by itay mcans this evening, then I
teil :nu by some way or another to-morrow
What I think you ought to do in this case."
THE BEDFORD CRARITT. - .

Cri4NCFLLOR, observing some of the
it this c.ve, which, ht had formerly de-
very imprtart, I see szver.d'
n this case of the Bedford Charity. which
cl is one of the greatest moment. On
r. I stated to Sir Samuel Roa.illy, what
wad to repeat, that I am decidedly of
it Jcw Boys cannot be received into the
rheol. But I must say, withrespee't to the
if the Charity, that I desire further time
,f them. You may depend on my giving
1: and earliest idormation which [can.
ntg.r.s COURT.. • _

Actra stated, that in looking over his
and a motion which ought to have been
: the Vice Chancellor. The fault was his
seeing an order tired up in Court by the
41or, he had ordered his Clerk to deliver
of hii briefs (2po wit believe), and this
happened to be overlooked by his Clerk.
tD CHANCELLOR said, there was an Order
reparing, by himself, which, as belied
la to hope, would place this branch of the
in equality with the other. He had now
tour of sitting in this Chair upwards af
rs, and he believed he could firmly appeal
:lemen at the Bar, and ask them whether
ter, on one single occasion, found him to
least degree, not courteous to them ? Cer-
must, as a Judge, feel himself bound to
Order; but when he did so, he was confi-
rould acknowledge that he never presum-
the practice of the Court, without giving
the fullest notice of what he was going
Just say, that he thought the same mode
lways adopted.—Here the case ended.
COUNTANT-GILNERACB
CHANCELLOR said, he bad been very,
ailed on to give orders for the payment
mt of the Accountant-Generai's Office;
.dry he found, that out of fifty orders
tad made to oblige. parties, there were
• not yet called for.
LTCINIA V. LYCINIA.
In application (special leave having yes-
-Ibtained) to dissolve an Injunction which
ibtained by the plaintiff 'for himself and
rs, against their mother, who had. ad-
the effects of their father. The Injunc-
s obtained on an ex-pane hearing of the
ted by an affidavit, which stated that the
tad embezzled and appropriated to her
' the household goods, and particularly
,r with secreting vi certain dr.curnent by
(cis lembeld peeperty was held. Tim; aa-
,K.ort of the present application, stated tbe,
t ere hu,band at the time of his death tri
Inlvent ; that he was a vi_tualler and i'
ileum the time of his decease, the land-
pet sameetstion into h=r place. When the
rue in possession, she was asked for a paper,
• slid was useless to her, and she gave it up.
W:eto read, she declared herstlf wholly
Imo. its contents, and that the ak.,,lication
sisce made to the landlord, and it appeared
It* for five }ears had been granted to the
' of some small tenemeats which wanted

rderable repairs, therefore the giving up
uocument was benefit :al to his family rather than,
to them. The whole amount of the pro.
declared to have been £6 in money, 'and
half butts of beer, while the plaintiii
ly sold a :muse which he had taken
for £lO. Eventually, the landlord rta7
m to the plaintiff, on account of her dili-
propriety of conduct, and in this manner
in possession of the property. As respec-
tements, she alleged the landlord had taken
of tia:m, and they were wholly out of her
se also alleged that she had paid the whole
teral expenses, and therefore had no assets
is.

to CHANCELLOR.—I-lave you an affidavit
we el notice on the parties ?
iicitor answered in the affirmative.
,aCtIANCELLOR.—Then-Let this Injanction
:ately dissolved.

ROLLS COURT.
.trrIONOI: RESCINDING A CONTRACT.
laiLrf O. DDIVER AND TANNCODIDN.
esaßill filed by the Plaintiff, John Bailey,
the Dilendant, Samuel Driver, for the pure
residing a contract entered into in the year
'the purchase or the lease of a Coal Wharf
River Lea, at Stamford
.11111, Stoke Newmg-
qer with the stocks and utensils, and also
will of the business.
th... defendant, had advertised the
&c. of the Coal Business at Sum-
for Sale. Tl.c account given of the busi-,
`Atm.:, at the first view to be satisfactory,
Bailey availed himself of the assistance
)rot Mr.. Francis Bail y, and of Mr. Mar-
two gentle:mn had two interviews
I.h4er rcliminar y to a settlement, in which
:al was decided upon ; but at the third the
°Lxered into the particula; 5, upon the faith of
nC ccutract was subsequently made. Mr.
+tit rtpiesented his business to be worth the
• rif uneen hundred pounds a-year. Mr.
...11 Mr. F. Bailey were anxious to inspect
cf account; to this Mr. Driver was not
but told them, however, that as he kept his
a,raY peculiar to himself, and that not by
:r), they would afford no infuimation what-
ty.e real state of the trade. But to give an
do: rnAle of conducting the business, of
azd or its profits, Mr. Driver drew out
att of aper, an account on the one side of
ex ,eases, and on the other side the incom-
'. I.:c clear ar,nual profit appeared to

'he 01,470 per annutn, fixing. at thesitime time, the
criterion from which thsparties were to judge. of the
amount of his profits, by stating that' he made his
profits by charging 12% per chardron upon tb, Pool
price of the coals sold, and then going through the
rest of their items on each side of this account.-.
Driver, however, it seems, as collected from his an-
swer, did not rest upon this statement, for he says in
his answer, he produced to the parties negociating
with him, another paper, which he called a balance-
sheet taken of his debts, effects, and stock, at parti •
cular periods, with the design of shewing that his
profits for fifteen months previous to the 4th of April,
1813, were £1752. 6s. However, the result of both
documents corriiiponded, £17.52. Gs. being after the
rate' of upwards of £1,400 a year, and the first-
mentioned document guaranteeing a profit of £1 179
per annum.

For the lease of the premises and good-will of the
business, Mr. Driver asked the sum of Four Thou-
sand Pounds, but the purchase money was ultimately
agreed at £3850, to which was to be added the stock
and utensils, which were valued at £2.850, amount-
ing in the whole to £6700. Of this the £2850 for the
stock, &c. and £lOOO, part. of the purchase-money,
was paid down on the signing of the contract, on
the 31st of July, 1813 ; the further sum of iC3SO
was given in a promissory-note, payable at six
months after that time, and the remaining £2OOO in
the same manner at twelve months, Mr. Driver en • '
gaging to remain upon the premises tilt the month
of October, with the view of instructing Mr. Bailey
in conducting the business, and introducing Mr. B.
to,the customers as his successor in the•trade.

Mr. Bailey entered into the management at the
stipulated time, and soon found reason to believe,
that in the account which Mr. Driver had given, the
profits were greatly exaggerated. This led him to
make a minute enquiry, and, in the end, he found
the statement so erroneous, that in the way Mr. Dri-
ver stated his profits and outgoings, the trade so far
from being in the least beneficial, must actually be
a losing concern.
Mr. Bailey then gave notice of his intentions to file
his'Bill, for the purpose of rescinding the contract,
calling upon Mr. Driver to pay back the sums al-
ready paid, return back the Promissory Note for
0,1,600, which had about six weeks to run, and take
back the business. This Mr. Driver not only de-
clined doing, but proceeded to negociate the Pro-
missory Note to the Defendant Mr. Farncombe, but
fortunately for the Plaintiff, with notice that there
was a dispute about the Bill, and the money was sub-
sequently impounded, to al ide the event of this suit.
Mr. Bailey, amongst other evidence adduced in
support of his case, proceeded on a strict examina-
tion of Driver's books, and en the the authority of
these and the evidence of the workmen employed by
Driver himself, he maintains that almost all the items
in the account which was the basis of the contract
were erroneous, that the expenses of the trade of every
kind had bee.: underrated, and that outgoings, to the
amou"t of between 7001. and 8001. a-year had been
altogether omi: ted.
Mr. WZTIIERZLL, who with Mr. BLAKE, was
Counsel for the Plaintiff, opened the case in an
able manner, and commented in very severe terms
,uponlbe conduct of the Defendant Driver, the quilt-
Wing sophistry of whose answer proved that he had
no solid or sabstautial defence to make. A repreten-
tatiou of pewits, amounting to a warranty, was most
assuredly snade—that representation proving to be
fallacious in every respect. It was very true that
the books were laid upon the table before Mr. F. Bai-
ley and Mr. Martineau ; and, in the language of Mr.
Driver,' that they might have looked at them " as
long as they thought ht :" but of what use could the
books be, coupled with the declaration, that it was
impossible to understand them ? He was aware of
the grounds upon which the Counsel for the Defen-
dant stood. They built their hopes upon his Ho-
nour's granting an issue to try the fact of misrepre-
sentation, and thus by heaping expense upon expense
upon the Plaintiff, induce him to abandon his well-
founded claim for redress. But the representation,
and the depositions produced pn the present occa-
sion, were evidentia rei so conclusive in favour of the
'Plaintiff, that he was satisfied his Honour would see
that the iustice of the case required that the prayer
of the Plaintiff's Bill should be instantly granted.

Mr. HART, Mr. BELL, and Mr. itouPELL, the
Counsel for the defendant Driver, founded their op-
position to the bill chiefly upon the idea, that the de-
fendant having a thing to dispose of, had a right to
do so to the hest advantage; and that it was for the
plaintiff, or his friends, to see that the bargain was
a fair one. It was a strong case of crassa nedirientia,
in which the Court could not itszerfera. In tact it
was a case which had nothing to do with equity ; if
n.i: representation had been made, a Court of Law
wt,„ld have afforded ample redress, and to a. Court
-of Law ought the plaintiff to have applied. As to
tine account said to be warranty it was no such.thing;
and the paper on which Mr. Driver could alone have
intended dependence to be placed, was tlse debtor
and cred;tor account, which being taken • from the
books, must necessarily be a correct represeatation.
They confidently hoped that his Honour would dis-
miss the bill ; but if he was inclined to think that
some Misrepresentation had actually taken place, that
he would 'bract an issue to try what that misrepre-
sentation was. _ _

SIT ARTHUR PIGGOTT and Mr. LOVATT shortly
spoke on the part of the•defendant Parricombe, and
contended that he had nothing whatever to do with
the transaction, beyond that of fairly giving full
and fair value for the note in question.
Mr. Wrrnsam.t., in an able reply of upwards of
two hours, maintained that the case of the plaintiff
had been fully made out ; and that upon the defen-
dant': own view of the case his client was entitled
to the remedy prayed for by the bill.
THE NIASTER of THE ItoLLs.—" There are two
questions which arise in the present case:-Ist. Was
these misrepresentation on the part of the defendant,
Driver?-2d, What is the effect of that misrepresen-
tation? With respect to the fact of misrepresenta-
tion, the witnesses of the plaintiff, Bailey, speak posi-
'Lively as to one paper of particulars, as being the
only one produced on the part of the defendant to
shew the value of the concern then about to be sold;
and all the evidence of dui plaintiff is directed to that
one paper, in oilier falsify it. The defendant,
Driver, on the other hand, affirms, that the paper,
on the faith of which the purchase was made, was
not that which is relied on by the plaintiff, but

t.nother, which is aprended to his•anstver. The parties
are at direct variance as to this important matter of
fact. The plaintiff does not attempt by anp`evielence
adduced to falsify the paper referred to by the dealt—
dstnt; neither does the defendant offer any evidence;
in support of it. In regard to the document, hitioy
ever, relied on by the plaintiff, the evidence on his
part goes distinctly to prove that all the items in that''
paper are false ; and, ass a general result, that tire'
concern yielled no profit The first question here is,
how the Court are to get at the facts? The Ceastis
by no means satisfied with Driver's account, as de-
tailed in his answer; and, taking both documents to-
gether, there does appear to have been great mist e-
resentation. Driver seems to rely on the assump-
tion, that the plaintiff must have known that there
were several items of disbursement not included in
the paper relied on by the plaintiff; and •he makes
reference in support of this to the hooks of the coo-
cern, and to the paper annexed to his answer, as the
paper of particulars. Now, it is very possible that
parties conversant with the trade might have known
(,f such articles of disbursement; but there is no rea-
son to presume that a patty who, like the plaintiff,'
was ignorant of the trade, should know any :hing of
the matter. Still, there can' be no doabt that the
plaintiff was guilty of 'aches in not making the ne-
cessary inquiries; particularly, considering that so
alarming a fact was stated, as that the books Could,
not give a correct view of the concern. But then,
again, the value of the trade for the past must have
been, and certainly was, in the knowledge of Driven,
and when a party has a knowledge of, and misre-
presents a fact, he is guilty of a breach of faith. It
appears, upon the whole, essential that an issue should
be granted, to ascertain how the fact, as to the repre-1,
sentations made by the defendant, really stands.—'
Next, as to the second branch of the question, the
consequence of any misrepresentation on the part of
defendant, if duly established—the plaintiff does
not propose to restore the good-will,, but offers to
give up the premises, and to do all acts on his part
to restore the business to the defendant. A difficulty
arises here from the impracticability of replacing the
defendant in the situation he was in. Bailey is in pos-
session, Driver is dispossessed. Suppose Driver
is restored, there is nothing to prevent Bailey
from setting up trade next door to him.—ln the
case of the sale of an estate, the thing can be
restored in solido ; here it cannot. The good will
does not necessarily pass with the premises. The
difficulty has, it is true, been increased by the con-
duct of Bailey himself, in delaying, for a length of
time, to bring his bill ; whereas it was his duty to
have complained immediately. He must have
dis-
cerned several errors immediately, such as those re-
lating to coal, duty, sacks, &c. It is alledged in the
bill, and admitted by the defendant, that he might
have said the profits would not be ascertained for a
twelvemonth ; and this does in some degree relieve
the plaintiff from the blame of not having brought
his complaint sooner, though not entirely. When a
party purchases on a warranty, and keeps what he
purchases for a considerable time, as in-the case of
a horse, or goods, &c. it is doubtful whether he
ought to be relieved. It is held in law, that thourth
perhaps he may recover damages, he cannot Corifioel
the seller to receive back. the Court, however,
cannot upon the whole go the length of dismissing
the Bill, in the present case,, because of such delay.
Tr would he too much to say-that the plaintiff can-,
have no relief;' it would not be equity to dismiss the
Bili. Let an issue therefine be taken to ascertain
whether the contract was entered into upon the faith
of any false representation : and whether the defen-
dant has sustained any, and what injury ?"

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