'A month after this transaction negotiations which had been going on between Bonham and the defendant for the sale of the factory to the latter were brought to a conclusion. At the hearing the defendant swore that both Bonham and the plaintiff had assured him that the effect of the two agreement of the June 4 and 28 was that "he was to have '$2,000 at the beginning of every month which the plaintiff was to got from the compradores and he was to make 10—11,000 1b, as much as the money could cover." He relied, he said, on these assurances rather than on the agreement itself and, had he received the $2,000 as he expected, he would have made a profit. 1 believe his statement that such was his interpretation of his position under the contract; for it is difficult, otherwise, to comprehend how he came to enter into it. There is, however, no plea of misrepresentation before me and accordingly unable to deal with the ease on that footing. On August 1 Bonham and the defendant both notified the plainti by letter that the factory had been gold to the latter who, from that date,."took upon him~ self' all responsibilities connected with the agreement of the 4th Juno", and "the responsibility in respect 10°
Text read from the printed page and cleaned; old type leaves the occasional error.