Page:The English Reports v1 1900.pdf/629

added in his own hand-writing, in words and figures, as follows, viz. "13th of May 62." That the respondent delivered this writing to the appellant on the day of the date thereof, and at the same time, and several times after, promised and assured the appellant, that he would direct his attorney to prepare with all convenient speed an abstract of his title, and lay the same before the appellant's attorney, with the several deeds and papers necessary to be looked into, and to supply all other materials for the properly stating the title, and for putting the proper questions for the opinion and direction of such counsel as the appellant should name; and the respondent, at the same time, agreed to furnish the appellant with a complete rent-roll, extracted from the several leases, and containing the dates, commencements, terms granted, and description as set out in the leases, and the number of acres and acreable rents, with other material particulars; and to send up the leases to Dublin, in order to be compared with, and to vouch such rent-roll, and to be delivered to the appellant, upon the execution of the conveyance to him. And the respondent further agreed to furnish the appellant with maps or surveys of the several farms and lands so agreed to be sold, and to prove, by sufficient surveys, that they contained the quantity and number of acres expressed in the several leases thereof, and to procure [348] James Fitzgerald and William Garrett, two of the tenants, who had other lands included in their leases, to accept new and separate leases from the appellant, of those parts of their holdings so agreed to be sold. That the respondent then, and at several times after, promised and agreed to furnish the appellant with a list of the names of his several judgment creditors, and of the principal sums and interest to them respectively due, to the intent the appellant might call in money proportioned to the occasions of such of the creditors as might choose to be immediately paid off, and not let their money remain at interest, upon the appellant's securities. That the clear yearly rents of the several lands so agreed to be sold amounted, after deduction of quit rents, to £2019 2s. 6d. so that the purchase money thereof, at twenty-one years purchase, being the rate agreed upon, amounted in the whole to £42,401 12s. 6d.

The bill further charged, that in June 1762, after the conclusion of this agreement, and in part execution thereof, the respondent caused the lands to be surveyed, and the several maps thereof to be compared, and examined the several leases, in order to ascertain the number of acres in each lease, and the yearly rents, which were for the most part acreable; and the respondent caused to be made out, and did himself deliver, or caused to be delivered to the appellant, in the same month of June, and in further execution of their agreement, a rent-roll of the towns, lands, tenements, and premises, which he had agreed to sell to the appellant, containing all or most of the heads and material circumstances of the several leases; which rent-roll was prepared and made out by order of the respondent, by the said Thomas Gurly and by James Hornidge, gent. the respondent's attorney, or one of them. And the respondent, in further execution of the agreement, caused Gurly to bring or send to Dublin, the several counterparts of the tenants leases comprised in the rent-roll, in order to vouch the same, and ascertain the descriptions, and to be compared therewith; and accordingly a time was fixed for producing the leases for that purpose, when the appellant's attorney, by his principal clerk, attended on the appellant's behalf, at Hornidge's house, and compared the rent-roll with the original counterparts, from whence the same had been extracted, and which were in Gurly's hands; and the rent-roll was thereby well justified and vouched, and agreed with the before-mentioned rent-roll and agreement, dated the 13th of May 1762, except as to a few inconsiderable particulars, which did not occasion a difference in the whole of 2s. 6d. yearly, and was therefore submitted to by the appellant, and the whole of the gross rent thereof, amounted to £2029 5s. 11¼d. including the quit-rents and collector's fees. That the agreement, dated the 13th of May 1762, contained all the same lands as were contained in the last-mentioned rent-roll, and no more. That the respondent, in further execution of his agreement, delivered to the appellant a list of the respondent's debts, all in his hand-writing, upon perusal whereof, the appellant, finding the same not sufficiently particular, made some notes or [349] observations in his hand-writing, which were very distinguishable from the respondent's hand-writing; and the appellant observing to the respondent, that the list was defective, and could not answer the end proposed,