Page:The Green Bag (1889–1914), Volume 23.pdf/96

 74

The Green Bag As you may ascertain at will, From Oxley sued by Cooke. Had A the offer open kept, He might have still been ruing it; He wasn't bound, no quid pro guo Was given him for doing it.

“TRESPASS” AND “CASE"

(Scott v. Shepherd, 2 w. B1. 892) N Scott v. Shepherd read the law On “trains-s" and on “case"; A lighted squib by Shepherd thrown, Burst in the plaintiff's face; Although it passed from hand to hand, The Court was iain to say "Who threw it ﬁrst must be compelled The damages to pay.”

MEASURE OF DAMAGES IN CONTRACT (Hadley v. Baxendale, 9 Ex. 341, 1895 (12) Ch. 377) HE case where Hadley sued one Baxendale The lawyer cites, the student should not fail To read, for this to damages applies

In actions that from breach of contract rise. In Ebbetts versus Conquest we can trace The judges followed and approved this case.

MEASURE OF DAMAGES IN ACTIONS ON TORT

(Vicars v. Wilcox, 8 East 1; Lumley v. Gye, 22 L. J. Q. B. 463) ICARS v. Wilcox, Lumley versus Gye, You'll quote, however, as authority,

For estimating damages of different sort, Such as arise in actions laid in tort.

SUA CU/QUE DOMUS TUTISS/MUM REFUGIUM

(S'emayne v. Gresham, 5 Coke 91) "

N Englishman's house is his castle," A maxim as terse as it's plain. In 5 Cake 91 is reported The case so well known of Semayne.