On this page
-
Text (2)
-
Untitled Article
-
Untitled Article
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
-
-
Transcript
-
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
Untitled Article
JSnri that your * em&r * or correspondents * pprb vfc the huftible attempt , jk ) that occasiomily case ^ > amy be brought under their conaideratuwx Of their own choice , and display , but not w \ th tbe expectation of their eagagrhig in the trammels of a periodical debating society .
A Case , but no Fiction . A contracts with . B to build him a house , for which he is to be paid jglOOO . The plan , tire specification and tbe estimate are all supplied by himself , accepted by B , and considered
fair and equitable . Soon after the completion of the whole A was found to be insolvent , and , on investigation , the building was found to have much injured his circumstances , as it appeared to be worth not less than 1500 / . On whom ought this loss to fall ? A was embarrassed in his
circumstances , and without being aware of the extent of the evil , he imagined ( as thousands besides do ) , that a temporary supply of cash would enable him to turn himself round and gain relief . He thus procured the 1000 ? . to pay his old debts , but his new creditors neper received a shilling . It is evident , therefore , that B has 500 / .
m value more than he ought to have , and that A or his creditors are sufferers to the same amount . The law cannot interfere between them , for it is a bona > fide transaction which has had the consent of both parties , and the contract has been ratified and concluded by the full and unconditional
payment . At the first glance of the business , justice might seem to require that the 500 / . surplus should be refunded , but to this B demurs . " Admit , " says he , " this principle either tthe
<> extent of the 50 O / ,, or to a sin-£ le shilling , and there is no end to the contention or injustice to which it . way lead ; so that no person , in build-Hi ]? himself a house by a similar contract , would be safe from absolute
ruin . In retiring from business / ' ( he continues , ) " I made ray arrangements \ ° * ™ y property , and set down ' WO / , as the full amount to which I might prudently go in rny building- ;
u Y hou&e is larger or more W ^ ° dious lhaa could be don e for r / - ia not my fault ; I have been eceived- but I cannot ' advance my exxi
Untitled Article
peases . It was the builder ' s duty to take care of himself , and the same rule will apply to me . I have violated ito ^ 'one rule of honourable dealingwhy then must I suffer ? " u Sell the property then , " says equity , " and if you make 1500 / . of it , give theni the overplus , and you are not injured . "
To this B rejoins , * ' No , to this neither can I consent / For many years I had set my mind upon that spot as my retreat in declining life ; why then must I relinquish all my anticipated
pleasure , and , after all my plans are matured , and I begin to enjoy the fruits of my exertions , is it reasonable in any possible point of view that I should forego the whole because unfortunately I have met with a rogue or a fool in the transaction ? Property cannot always be estimated by its market value , but often by the feelings of the owner . So with my
house ; it is the realization of my long-conceived and sanguine wishes , and no pecuniary advantage whatever could recompense me for its surrender . " Here , then , is a case in which .
it appears impossible for the parties interested to come to a mutual , good understanding . They both are right , and yet there is something indisputably wrong * . There is an injury inflicted which any one must acknowledge it would be well to have rectified . It is
not enough that B . was no voluntary party to an act of injustice , and that , therefore , he is not responsible in any degree for the consequences ; if he have that delicate sense of honour which would see with regret that he
was an indirect party to the injury of his neighbour , he could not remain , thoroughly satisfied in the possession . Circumstances have thurst upon him property which he did not want , and for which he feels that others are
suffering both in mind and purse , and yet he sees no way of reimbursing " them but to his own disadvantage . Perhaps it would not be possible for the most intelligent and conscientious
jury to give such a decision as would leave no ground for objection or complaint y but at least it would in some degree be satisfactory , even tltouffh nothing could be done . Perfection in
opinion or practice is unattainable ; but where perplexities preaenMihemselves that baffle reason and good
Untitled Article
On Ike Jforai Principle . 389
Untitled Article
v ^ . x . 3 K
-
-
Citation
-
Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), July 2, 1826, page 389, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2550/page/9/
-