Ewing v. Chase

Citations

• 2 Del. Ch. 278

Syllabus

<p>Injunction granted to restrain the collection of a promissory note, the consideration of which had failed.</p> <p>Agreement to sell a stage line and the right,under a sub-contract with the Government contractor, to carry the mails for an unexpired term of one year and nine months. The vendee, after running the stage line and carrying the mails six months, was deprived by the Government contractor of the mails. Soon afterward,the vendor was again employed to carry the mails and carried them for the residue of the term. Held, a fa'lure of consideration, to the value of the mail privilege, of a note given for the purchase.</p> <p>A defence founded upon the alleged default of the vendee in the carriage of the mails is sustainable only by action of the Government, forfeiting the contract.</p>