116
(Fr. transl.).
331/2 See, however, the language of Crompton, J. in S.C., I B. &
S. 877. Cf. Kent, Comm. (12th ed.), 479, n. 1, A (c).
331/3 Behn v. Burness, 3 B. & S. 751, 755, 756.
334/1 Cf. Anglo-Egyptian Navigation Co. v. Rennie, L.R. 10 C.P.
271.
334/2 Ellen v. Topp, 6 Exch. 424.
335/1 Contracts (2d Ed.), Section 106, and passim.
336/1 Chanter v. Hopkins, 4 M. & W. 399, 404. Possibly Behn v.
Burness, stated above, might have been dealt with in this way.
The ship tendered was not a ship which had been in the port of
Amsterdam at the date of the contract. It was therefore not such
a ship as the contract called for.
336/2 Heyworth v. Hutchinson, L.R. 2 Q.B.447, criticised in Benj.
Sales (2d ed.), pp. 742 et seq.
336/3 See Thomas v. Cadwallader, Willes, 496; Langd. Contr. (2d
ed.), Sections 116, 140. This is put as a case of equivalence by
Mr. Langdell (Contr., Section 116); but the above explanation is
believed to be the true one. It will be noticed that this is hardly
a true case of condition, but merely a limitation of the scope of
the tenant's promise. So a covenant to serve as apprentice in a
trade, which the other party covenants to teach, can only be
performed if the other will teach, and must therefore be limited
to that event.
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