The Calcutta Law Journal Short Notes of Cases Articles and Other Matters 1st March 1905

For instance suppose the words of the promisor in a case like this were calculated in the usual course of things and under the circumstances of the particular case to produce a certain expectation and suppose they did produce that expectation in the promisee surely the promisor should not be absolved from the obligation of fulfilling that expectation if it be more onerous merely on the ple [...] that where the fufilment of the expectation really entertained by the promisee on the basis of the promise held out by the promisor would be less avantageous to the promisee and less onerous on the promisor than the enforcement of the promise in the sense in which the promisor believel the promisee to accept it there the promisee is entitled to compel the promisor to fulfil his expectation [...] In laying down the law applicable to the case Hannen J. observed as -follows If in the present case the plaintiff knew that the defendant in dealing with him for oats did so on the assumption that the plaintiff was contracting to sell him old oats he was aware that the defendant apprehended the contract in a different sense to in which he meant it and he is thereby deprived of the right to in [...] The contesting defendants are the mortgagees of some of the children of the marriage who under a deed of appointment made under the settlement are excluded from the benefits of the t ust funds. [...] 12 of the Bengal Tenancy Act long before the institution of the suit and the arrears being for a period subsequent to the purchase the landlord’s suit was brought apin-it the wrong party and would not affect the petitioner.