A selection of cases on the law of contracts . s of very serious import were adverted toby the courts below, which we need not here discuss. Whathas been said sufficiently indicates our opinion that no errorwas committed in rejecting the claim of the general agent. The order should be affirmed. All concur. Order affirmed. ISABELLA HALL v. GEORGE WRIGHT. In thk Exchequer Chamber, November 26, 1859.\^I\.eportcd in ]-lllis, lilackbiirn &?> Ellis 765.] The plaintiff having appealed against the above decision,the case was argued in the Exchequer Chamber in HilaryVacation, 1859. Mellish for the a
A selection of cases on the law of contracts . s of very serious import were adverted toby the courts below, which we need not here discuss. Whathas been said sufficiently indicates our opinion that no errorwas committed in rejecting the claim of the general agent. The order should be affirmed. All concur. Order affirmed. ISABELLA HALL v. GEORGE WRIGHT. In thk Exchequer Chamber, November 26, 1859.\^I\.eportcd in ]-lllis, lilackbiirn &?> Ellis 765.] The plaintiff having appealed against the above decision,the case was argued in the Exchequer Chamber in HilaryVacation, 1859. Mellish for the appellant (plaintiff below). Edward James, contra. On this day, there being a difference of opinion on the Bench,the learned judges delivered judgments seriatim. Watson, B. This was an appeal from the judgment of theCourt of Queens Bench, in which judgment was for the defend-ant. The question turns on a special plea. The action was forbreach of promise of marriage ; in which the declaration E. B. & E. 746.—Eu. February 2(1 and AIt^ J tP, (^^y^-UlitALL 7. WRIGHT. [CHAP. XIII, ^-^^/l&lleged that the defendant promised to marry the plaintiffwithin a reasonable time, that a reasonable time had elapsed,and that the defendant had refused. The plea was, That, aftermaking the agreement and before any breach thereof, thedefendant became and was, and thenceforward hitherto hasbeen, and still is, afflicted with a dangerous bodily disease,which has caused frequent and severe bleedings from his lungs ;b^ f-eason- of which disease the defendant then became, andwai thence, and hath hitherto been, and still is, incapable ofmarriage without the greatest danger to life, and thereforeunfit for the marriage state : whereof the plaintiff had the argument at the bar in this Court, and at the bar andon the Bench in the court below, much discussion took placeas to what was the meaning and effect of the plea. The plea is an excuse : viz., that, before breach, and up tothe time of the c
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