References: [1687] EngR 971, (1687) 2 Vern 24, (1687) 23 ER 626 (B)
Links: Commonlii
Ratio:The plaintiff and dfeendant had submitted to an arbitrament by bond and an award was made, not binding by form of law, by which the plaintiff was to pay the defendant £900 and to seal a release to the defendant ; and the defendant was to assign several securities he had from the plaintiff. The plaintiff sold some lands to raise the £900, expecting the defendant would receive it, as he gave him intimation he would, and tendered him the £900 and a release executed by the plaintiff ; and though there was no other execution on the plaintiff’s part of the award, and though the award was extra judicial, and not good in strictness of law, yet the Lord Chancellor decreed it should be performed in specie
Last Update: 17-Jun-16
Ref: 396023