The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1826-04-13

the one Col. Hamilton and Col. .EcD4G1
are /" experimenting with"
.-..sNe~.-
It is extremely to be regretted that mr. Clay
should have folt himself called upon to stake
his life against that of John Raidolph's There
is the fullest evidence derived from the conduct
of Randolph inc Duiiie and Hamilton, that they
arc desrous not only of numbering the char
acter of mr Clay, but are absolutely thirstng
for his'blood mr.. Clay however, ought to re-
member, that the country has deep inter
est in uIs LIFE; such an interest as at once
iorbids that he should lightly trile with it, as
he most assurodly has done in-.he late duel
,-.eAs--.-
BIOGRAPHICAL DICTIONARY
A friend has politely furnished us with the
following judgment Of the court, in q case
tried in this town last week, before JoPEpH
II. PATrEN, ESQ; and b. b. MUMFoRD, and
III. WEAVER, Esqs. as associates. Femer
vs.. Eddy. The action was brought to re-
cover the sum subscribed for book -enti-
tied Universal Biographical Dictionary;'
and the result ofwhich, we hope, will have
a tendency to restrain the numerous at
tonpts at imposition made by the publish
ers of books by subscription. After an a
bic argument by Mr., RANpoPHior the de-
iendant, and TuRNER for the plaintiff, the
court gave their opinion seyidiim. .s.
MuMFoRp-1 am Of opinion that the
plaintiff has not produced to the defendant
a book answering the description set forth
in the prospectus. II is slightly and insult
iicicntly bound, faulty in matter, and detec-
tive in portraits, and is not that new and
splendid work which he was bound to pro-
duce. / am of opinion Tint Judgment shodld
be with the defendant. .'' -. ..
WEAvER-was of opinion that although
the subscribers could not expect the whole
life ofevery individual to be portrayed, yet,
they had an undoubted right to expect the
prominent incidents of their lives would be
noticed {; this was not the case la many
instances no other notice was taken than
the brief mention Of their birth and their
death;--this was not the information that
was promised, nor was it the information
that subscribers had right to expect. Be-
sides the binding appeared from the evi-
dence to be very poor, and the portraits
bear no resemblance to those men with
whom we are acquainted. therefore CO.
incide in the opinion of Judgment for the
defendant.
| PATTEN-This is an action brought to
recover sum of money for book called a
Universal Biographical Dictionary, for
Which an agreement is admitted 10 have
been made--the terms Of which are admit.
ted to be Contained in a prospectus here
exhibited, and the book here exhibited is
admitted to be- the one rendered To fulfil
the agreement The only question there
fore for us to decide is, does the book ac-
tcord with the terms of the contract II
the plaintiff has delivered to the defendan,
volume answering IN every respect to the
conditions IN the prospectus, then he must
have JudgmeRt-but if the plaintiff has
failed IN performing any material part oi
the contract, Judgment must be entered ioi
the defendant. In deciding the question,
can only look 10 the conditions of the a.
7 SiNShhNht, WHICH tIIc pldiheih VuS"t w SOOe
faith, strictly TO perform--thcugh | canno
allow the contract TO be vitiated, by sucf
typographical or literary errors as were IN
cidental to the work.--Nor can allow the
defendant to set up as q defence, that tift
work does not answer his expectations, he
was bound TO understand the language o
the contract A material condition OF tina
contract was, that the volume should be
well bound:--now it is in evidence before
us by two bookbndcrs of acknowledge,
skill and unmpeached veracity, that tl'
book as loosely and carelessly seweu tina
IT is not sufficiently glued-that the leuth
er is split aud not much stronger than pa
per !" therefore the book is not in goo'
binding. Here then is material failure II
the contract, which renders It unneccssar.
for me to examine it iurther--nor can ! ad
NIT the opinion Of the witnesses who testi
lied that the book appeared 10 be well houn'
to have any weight, when opposed to tba
of the evidence who are skilled IN the ar
of blnding--the testimony of the former i
a mere matter of opinIon-the testimony O
the latter is a matter of fact. that ! an
bound to be governed by. Without there
fore, cSPressIng any opinion as " the mer