 | William Selwyn - Nisi prius - 1812 - 700 pages
...there shall be no pay; but if some beneiit has been derived, though not to the extent expected, tins shall go to the amount of the plaintiff's demand,...defendant to his action for negligence. The claim shall be co-extensive with the benefit." There is a distinction however in this respect between a contract... | |
 | William Selwyn - Nisi prius - 1817 - 728 pages
...Camp. NPC 110. has been no beneficial service, there shall be no pay ; but if some benefit has been derived, though not to the extent expected, this shall...defendant to his action for negligence. The claim shall be co-extensive with the benefit." There is a distinction, however, in this respect between a contract... | |
 | William Selwyn - Nisi prius - 1817 - 728 pages
...no pay ; but if some benefit has been derived, though not to the extent expected, this shall go t6 the amount of the plaintiff's demand, leaving the...defendant to his action for negligence. The claim shall be co-exteusive with the benefit." There is a distinction, however, in this respect between a contract... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...rule,—that if there has been no beneficial service, there shall be no pay; but if some benefit has been derived, though not to the extent expected, this shall...defendant to his action for negligence. The claim shall be co-extensive with the benefit. Here then has there been any benefit, and to what amount ? If the... | |
 | Robert Maugham - Agency (Law) - 1825 - 550 pages
...rule,—that if there has been no beneficial service, there shall be no pay; but if some benefit has been derived, though not to the extent expected, this shall...defendant to his action for negligence. The claim shall be co-extensive with the benefit. Here then has there been any benefit, and to what amount ? If the... | |
 | Robert Maugham - Agency (Law) - 1825 - 554 pages
...has been no beneficial service, there shall be no pay ; but if some benefit has been derived, thougli not to the extent expected, this shall go to the amount...defendant to his action for negligence. The claim shall be co-extensive with the benefit. Here then has there been any benefit, and to what amount? If the... | |
 | William Blackstone - Law - 1827 - 916 pages
...has been no beneficial sen-ice there shall be no pay ; but if some benefit, however slight, has been derived, though not to the extent expected, this shall go to the amount of the plaintiffs demand, leaving the defendant to his action for negligence. 3 Stark 6. 1 Camp. 39. 190.... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1832 - 976 pages
..."That if there has been no beneficial service, there shall be no pay; but if some benefit has been derived, though not to the extent expected, this shall...plaintiff's demand, leaving the defendant to his action for the negligence. The claim shall be co-extensive with the benefit." The case of Hasten v. Butter would... | |
 | Joseph Chitty, Thomas Chitty - Forms (Law) - 1837 - 774 pages
...3 Stark. 6. ICampb. 38. 3 Campb. 4SI. 1 Ry. & Moo. 317. 9 B. k C. 92; but if some benefit has been derived, though not to the extent expected, this shall...plaintiff's demand, leaving the defendant to his action for the plaintiff's non-performance of the agreement. 3 Stark. 6. 1 Cumpb. 39. ISO. 7 East, 484 ; and though... | |
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I now consider this as the correct rule,* that if there has been no beneficial service, there shall be no pay ; but if some benefit has been derived, though not to the extent expected, this shall go to the amount of the plaintiff's demand, leaving the... 
