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![handle is hein.slavery/ssactsengr0278 and id is 1 raw text is: THE LONDON GAS-LIGHT COMPANY V.
be given by either party to determine the same, but to be binding between the said
parties for twelve months certain from the date hereof. That is what the parties
intended. This is the best construction I can put upon the agreement; and it gives
full effect to all its words. The evident intention was, to contract for a year certain,
and no more.
WILI.ES, J., and BYLES, J., concurred.
KEATING, J. I must confess my mind is not quite free from doubt; but my doubts
are not sufficiently strong to induce me to dissent from the judgment of my Lord and
my learned Brothers.
Judgment for the defendants.
THE LONDON GAs-LIGHT COMPANY V. THE VESTRY OF CHELSEA.
April 25th, 1860.
[S. C. 2 L. T. 217 ; 8 W. R. 416.]
The plaintiffs by deed contracted for the supply of gas to the public lanterns of the
parish of Chelsea, covenanting, amongst many other things, that they would, to the
satisfaction of the defendants (the vestry), or their surveyor, light each lantern at
sun-set, and continue the same so lighted until sun-rise,-the gas supplied to be
well and sufficiently purified, so that the said gas should give a clear and white
and brilliant light, and the light or flame to be such a light or flame as was known
by the name of the large bat's-wing burner, each burner consuming at the rate of
five cubic feet of gas per hour at the least; and the defendants covenanted, that,
if the plaintiffs should well and sufficiently light, &c., and perform, fulfil, and keep
all and singular the covenants in the deed contained on their part to be performed,
&c., they, the. defendants, would pay, out of the funds in their hands, or which
they could or might raise or obtain by virtue of the powers and authorities vested
in them, unto the secretary of the plaintiffs, a certain sum per annum for each and
every lantern so lighted by them.-To an action to recover the stipulated annual
payments for gas supplied under this deed, the defendants pleaded,-that the
plaintiffs did not during the said period light the said public lanterns, or cause the
same to be and continue lighted, pursuant to the said deed, to the satisfaction of
the defendants or their surveyor,-and that the plaintiffs did not during the said
period so light the said public lanterns during each and every night at sun-set, and
so continue the same lighted till sun-rise, that the light or flame therein was such
a light or flame as is known by the name of the large bat's-wing burner, and
consumed at the rate of five cubic feet of gas per hour at the least, within the true
meaning of the said deed :-Held, on demurrer, that the matters alleged in the plea
did not entitle the defendants to refuse to pay for the gas supplied under the con-
tract,-the performance of all the several stipulations by the plaintiffs not being
a condition-precedent to their right to receive the money.
This was an action for the breach of a contract for the supply of gas by the
plaintiffs to the defendants.
The first count of the declaration stated, That, theretofore, by deed made the
23rd of March, 1858, between the defendants of the first part, and the [216]
plaintiffs of the second part,-after reciting that the plaintiffs had lately tendered
to the defendants a contract in writing to light with gas the public lamps then set
up in the streets and other public passages and places within the said parish (exclusive
of the outlying district of Kensal Town), and to paint, maintain, repair, and keep in
repair, the posts, columns, lanterns, and fittings of the same, for the term of three
years, to be computed from the 1st of October, 1857, subject to the proviso therein-
after contained for sooner determining the same, and in the manner and upon the
terms thereinafter contained,-the defendants did thereby, as far as they lawfully
might, signify their consent that the plaintiffs and their servants, workmen, and agents,
might at any time and times, and from time to time thereafter, upon reasonable and
proper notice for that purpose given as thereafter provided, enter into the several
streets and other public places within the said district, and in a due, proper, and care-
ful manner, under the superintendence and direction of the defendants, break up and
remove the pavements and roads, and dig and sink trenches, and lay down proper
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8 C. B. (N. SJ) 216.](ViewImageLocal?handle=hein.slavery/ssactsengr0278&div=1&collection=&method=preview&ext=.png&size=3)