| Volume 200, Volume 4, Page 480 View pdf image (33K) |
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480 HIGH COURT OF CHANCERY. witness, of his, Bowie's, understanding of the agreement or marriage settlement with Stoddert, upon the intermariage of the complainants, Robert and Elizabeth, which was, that "he had agreed with Major Stoddert, to give his said son Robert from six to ten thousand dollars, and asked witness whether he had not the option to give the lowest sum, Major Stoddert claiming the larger amount." Robert Bowic deposes that he had always understood from his uncle, Robert W. Bowie, in conversations before and after the marriage, "that he and Ma- jor Stoddert had agreed to set up their said children in life free and unincumbered, and to support them for twelve months until they made a crop; that before the marriage, various proposi- tions were made for the purchase of farms of different values, and finally, before the marriage, Robert W. Bowie informed witness, that he had proposed to Major Stoddert the purchase of the "Nottingham Farm," and that it met Major Stoddert's views as to the value of a farm proper for them. He had repeated conversations with Robert W. Bowie after the marriage, in which he complained that Major Stoddert had not complied with his part of the contract, by deeding the property to his daughter, while he considered himself as having nearly per- formed his part of it. But his, Robert W. Bowie's views on that subject as to the extent of the provision he was to make were not as great after the marriage as they had been before it. Robert W. Bowie never denied that he made such con- tract." Here is a contract sought to be established for a large amount, on an occasion important to the parties, of which there is no particle in writing, nor any evidence of a contract solemnly en- tered into by parol before witnesses, and is to be established by the loose admissions of one of the parties alone, made at different times to different witnesses, which do not agree with one another, nor possess that certainty and mutuality which should pertain to every contract. Robert W. Bowie admits before and after the marriage to Robert Bowie, or as the latter says, "never denied that he had made a contract," but when and where, and on what terms was it made ? Stoddert was to furnish land, and |
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| Volume 200, Volume 4, Page 480 View pdf image (33K) |
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