. Selections from Leake's Elements of the law of contracts and Finch's cases on contracts . y parol before breach, and that it is not necessary in plead-ing to state the evidence of such discharge, or the special circumstancesunder which it arises, or that there was any consideration for thesame. The case was argued in Trinity Term, by -C. Perry^ in support of the demurrer. This plea may be proved inmany different ways, and the plaintiff is left entirely in the dark asto what is the real ground of defense. [Aldeeson, B. There is no al-legation that the defendant agreed to the discharge.] The C
. Selections from Leake's Elements of the law of contracts and Finch's cases on contracts . y parol before breach, and that it is not necessary in plead-ing to state the evidence of such discharge, or the special circumstancesunder which it arises, or that there was any consideration for thesame. The case was argued in Trinity Term, by -C. Perry^ in support of the demurrer. This plea may be proved inmany different ways, and the plaintiff is left entirely in the dark asto what is the real ground of defense. [Aldeeson, B. There is no al-legation that the defendant agreed to the discharge.] The Court thencalled on Montague Smithy in support of the plea. The plea is not pleaded asa rescission of the contract: but the plaintiff cannot enforce an actionagainst the defendant, after she has dispensed with the performanceof it. There are many cases in which a party is debarred frommaintaining an action by a certain act or declaration of his own.[Aldeeson, B. How can there be a dispensation before a breach ?] Itis a kind of leave and license not to perform the contract. TAldee- , 1 tr.
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