Which was an action upon a contract of marriage per verba de futuro, brought by the gentleman against the lady, who pleaded non assumpsit. When the plaititiff had opened his case, the defendant offered in evidence a sentence of the Spiritual Court in a cause of contract, where the Judge had pronounced against the suit for a solemnization in the face of the church, and declared Mrs. Villa Real free from all contract. And the Chief Justice held this to be proper and conclusive evidence on non assumpsit ; that it waa a cause within their jurisdiction, though the contract was per verba de futuro, and though the suit there is diverso intuitu, being for a specific performance, as far as admonition will go, and this for damages. Yet contract or no contract is the point in issue in both. And the plaintiff was nonsuit.
Citations:
[1795] EngR 970, (1795) 2 Str 961, (1795) 93 ER 968 (D)
Links:
Jurisdiction:
England and Wales
Family
Updated: 12 April 2022; Ref: scu.353315