Theobald Butler v Sir Thomas Prendergast And Others: PC 13 May 1720

A. agreed with B. for the purchase of timber, and together with C. entered
into a bond, that A. his executors and administrators, should not cut any
timber under a particular size; but, A.’s name was only made use of in this
agreement for C. C. cuts down timber under the size stipulated; but as
there could be no remedy against C. upon the bond, it was held to be a
fraud upon B. the selleir, and therefore relievable in equity.


[1720] EngR 49, (1720) 4 Bro PC 174, (1720) 2 ER 119





Equity, Contract

Updated: 18 May 2022; Ref: scu.390475