A Treatise On the Specific Performance of Contracts

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And B. To sell vaiuers'to and buy at such a price as valuers to l)e named by ■ them shall fix, it seems that either A. Or B. May refuse to name a valuer, and the contract will remain in- capable of completion without any liability on the part of the refusing party. ^ But if the contract between A. And B. Be to sell and buy at such a price as C. Shall fix, neither A. Nor B. Can rightfully prevent C. 's determi- nation and the completion of the contract : and it is presumed that an action might b...e maintained for such Lord prevention.^ " Actus inceptus, " says one of Lord Bacon's maxim, maxims, * " cujus perfectio pendet ex voluntate partium, revocari potest : si autem pendet ex voluntate tertit\3 persouai vel ex contingenti, non potest. " One of his illustrations is this : " If I contract with you for cloth at such a price as J. S. Shall name, then if J. S. Refuse to name, the contract is voyd, but the parties cannot discharge it, because they have put it in the power of the third person to perfect.

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