Is the creditor or vendor who sues for one of such breaches to have the sum he recovers lessened if he should be shewn to be harsh, grasping, or pitiless, or even insulting, in enforcing his demand, or lessened because the debtor has struggled to pay, has failed because of misfortune, and has been suave, gracious, and apologetic in his refusal?
42.
The village coquette Annette says : " no right-minded girl in our village will listen to a man's suit until he has shewn his pluck by bringing her a sprig of Edelweiss from the highest peak yonder . " Conrad and Fritz agree to go at once and seek out the flower, but Pierre begs them not to go, for a snowstorm is coming.
43.
The Robson quote seems to be " The Company have for eighty years slept at the edge of a frozen sea . . . . They have shewn no curiosity to penetrate farther themselves, and have exerted all their art and power to crush that spirit in others . " In 1752 Joseph Robson : published " An Account of Six Years Residence in Hudson's-Bay ".
44.
He would strike out whole scenes of a vicious or immoral character, though it were visibly shewn to be reformed, or punished; a severe instance of this kind falling upon my self, may be an excuse for my relating it : when Richard the Third ( as I altered it from Shakespeare ) came from his hands to the Stage, he expunged the whole first act, without sparing a line of it.
45.
If the conditions had stated that the land could be covered with deposit within a limited time, and it appeared clearly that it could not be covered within that time, or if it had been stated that the process could be performed at a certain expense, and it was shewn that it could not be performed except at a much greater cost, the purchaser might probably have been entitled to the relief he seeks.
46.
On appeal the Court of Appeal for Ontario thought by a majority Mrs Stuart was entitled to relief, although the Chief Justice based his reasoning on the Canadian decision in " Cox v Adams " 35 Can SCE 393, in the Supreme Court of Canada, which decided that no transaction between husband and wife for the benefit of the husband can be upheld unless the wife is shewn to have had independent advice.
47.
The knowledge of one shareholder is not the knowledge of the others; but I think great injustice might sometimes be done if it were held that where it is shewn that all the shareholders who paid reasonable attention to the affairs of the company had notice sufficient to make it laches in them not to act promptly, there could not be laches in the company unless the notice was brought home to the company in its corporate capacity.
48.
Fitzwilliam wrote to Burke on 9 August : " . . . the Volunteer corps have shewn their readiness to act in support of Law and Order, in a manner that must give great satisfaction to all those, who wish to see them maintain'd . . . in the manner, in which it has ended, I trust it will be productive of good, and tend much to the future quiet of the place ".
49.
But the illness here was a serious one, of uncertain duration, and if the plaintiff had at the trial suggested that this was the proper course, it would, no doubt, have been shewn that it would have been a ruinous course; and that it would have been much better to have abandoned the piece altogether than to have postponed it from day to day for an uncertain time, during which the theatre would have been a heavy loss.
50.
:. . . If he is an Englishman, which, but for his name, we should doubt, from his manner of expression, it is possible he may have lived so long in foreign countries, as to have somewhat lessened his acquaintance with his vernacular language : for we have met with few writers that have shewn themselves less masters of its purity, Mr . Johnson has judiciously observed, that " the great pest of speech is frequency of translation.
