Exchange are alleged by the plaintiff to govern the contract? Had the defendant knowledge of them?" There might be s farther question, which, however, is question of law which I have therefore not pat in there, "Is the defendant to be bound by them alton; yb the he did not know them That i question of law to be deduced from the argoment. I asked you when I banded you copies of these issues yesterday to consider whether there was anything farther you wished. and I should be pleased to hear you.
Mr. Fessenden said that he had no suggestion, but be would like to ask whether counsel should assume that!
E" was intended to cover the whole of the Jane settlement His Lordsbip—Insofar as there are liabilities, Mr. Fessendeo—Any fact connected with that settlement which in oer judgement would affect the relations of the parties His Lordship—It seems to me that auloss the plaintiff has contracted lity which is enforceable in law would not be possible for him to enforce it against the defen dant except in the absence of some special contract. That is not a ruling, bat an opinion in order to guide' you as to what you would be entitled to go into.
Mr, Jones said that his Lordship bad referred to the fact that he handed counsel copies of these issues the previous day. From that statement might be possibly be thought that the present proposal and the way in which the case ebonld be dealt with was matter of concurrence or consent on the part of onuneel. His Lordship bad directed that the matter be dealt with in this way entirely as Judge, and did not consult the parties.
His Lordsbip—I have not consulted the parties on the subject.
Mr. Jones—But what I meant to say was that I bad not concurred in is way of dealing with the case.
His Lordebip—No,
Text read from the printed page and cleaned; old type leaves the occasional error.