1791-02-18 (static/transcriptions/1791/02/113.jpg)

1791. First Sittings [Friday] Feb. 18.

proved was a Case of a Conditional Contract to sell the Ship provided the whole Money was paid the next day, and it was proved the money was not paid the next day, but on the contrary the Money was carried in a Bag and offer’d several days after, when it was answer’d the Ship was sold to another. All the Advocates on both sides were heard and argued on the Evidence. The Court were of Opinion the Contract was proved to have been on a Condition which was not perform’d on the part of the Plaintiff, and that therefore the Defendant was not bound to deliver the Ship and consequently
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