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Document 88, Letter from H Errington, 27 March 1788 p 1

191
St. James March 27
Dr Sir 1788
Yesterday I receiv’d your letter, & lose no time
in answering it, as your Sessions come on so early as
the 2nd of april, which I did not apprehend, you say
that Mr Scott entertains great hopes the M of the
Rolls* will direct an issue, it is I think impossible
to be under any doubt on that head, at least I have
none, & I was present at the hearing when he decla
r’d that a specifick performance was never insisted
on. he interrupted Mr. Maddox, who in the course
of his pleading, compar’d my contract to that of
a man who should undertake to build a house [&?]
to be sure he must perform it, a house or a
bridge was the same thing. the M. of the Rolls
stopp’d him & ask’d him if he had ever known
an instance where a specifick performance was
Compell’d. the other acquiesced. the M of the
Rolls added that one skillfull Architect Might
build a house as well as another, and to the
Atty. Genl.he propos’d to go to a Jury at
York. What the Clerk of the P.* can mean by
saying an issue will not be directed I know
not. I scarcely think he holds that language
to his Employers, whatever he may think it

Note: recipient not named

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Transcribed by RMS and CTW