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This was on condition that the opera ran for three months and started at about 14 November. Then, at the expiration of the said three months, I shall be at liberty to re-engage you at my option, on terms then to be arranged, and not to exceed fourteen pounds per week for another period of three months.
Dresses and tights requisite for the part to be provided by the management, and the engagement to be subject to the ordinary rules and regulations of the theatre. She came to rehearsals.
But because the composer delayed, Poussard did not get the music for the last part of the opera till a few days before the 28th. She was taken ill and did not attend the final rehearsals in the last week.
Spiers and Pond engaged another performer, Miss Lewis to Ponds case ready to take over if Poussard could not. Poussard continued to be ill for the first three days.
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|Algae Control in Golf Course Pond - LG Sonic||Technical definitions[ edit ] A small artificial garden pond at the Taj Lake Palace in UdaipurIndia The technical distinction between a pond and a lake has not been universally standardized. Limnologists and freshwater biologists have proposed formal definitions for pond, in part to include 'bodies of water where light penetrates to the bottom of the waterbody,' 'bodies of water shallow enough for rooted water plants to grow throughout,' and 'bodies of water which lack wave action on the shoreline.|
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On Thursday 4 December she was well again, but Spiers and Pond refused Ponds case have her back. Mr Poussard claimed for wrongful dismissal on his wife's behalf.
At trial before Field J in Middlesex Michaelmas sittings, the jury found that employing Miss L was reasonable under the circumstances. Judgment[ edit ] Blackburn J delivering the court's judgment held that failing to turn up for the first performances entitled Spiers and Pond to rescind the contract, for this went to the root of the matter.
Blackburn J stated the facts and then continued. This inability having been occasioned by sickness was not any breach of contract by the plaintiff, and no action can lie against him for the failure thus occasioned. But the damage to the defendants and the consequent failure of consideration is just as great as if it had been occasioned by the plaintiff's fault, instead of by his wife's misfortune.
If the delay is occasioned by excepted perils, the shipowner is excused. But if it is so great as to go to the root of the matter, it frees the charterer from his obligation to furnish a cargo: Theoretically, the facts should be left to and found separately by the jury, it being for the judge or the Court to say whether they, being so found, shew a breach of a condition precedent or not.
But this course is often if not generally impracticable; and if we can see that the proper facts have been found, we should act on these without regard to the form of the questions.
Now, in the present case, we must consider what were the courses open to the defendants under the circumstances.
They might, it was said on the argument before us though not on the trialhave postponed the bringing out of the piece till the recovery of Madame Poussard, and if her illness had been a temporary hoarseness incapacitating her from singing on the Saturday, but sure to be removed by the Monday, that might have been a proper course to pursue.
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.
The remaining alternatives were to employ a temporary substitute until such time as the plaintiff's wife should recover; and if a temporary substitute capable of performing the part adequately could have been obtained upon such a precarious engagement on any reasonable terms, that would have been a right course to pursue; but if no substitute capable of performing the part adequately could be obtained, except on the terms that she should be permanently engaged at higher pay than the plaintiff's wife, in our opinion it follows, as a matter of law, that the failure on the plaintiff's part went to the root of the matter and discharged the defendants.
We think, therefore, that the fifth question put to the jury, and answered by them in favour of the defendants, does find all the facts necessary to enable us to decide as a matter of law that the defendants are discharged.
The fourth question is, no doubt, found by the jury for the plaintiff; but we think in finding it they must have made a mistake in law as to what was a sufficient failure of consideration to set the defendants at liberty, which was not a question for them. This view taken by us renders it unnecessary to decide anything on the cross rule for a new trial.
The motion must be refused with costs.Algae Control in a Golf Course Pond. In July , the golf course pond at the Lethbridge country club was treated with the LG Sonic e-line.
The water surface was covered by mats of filamentous algae. Research highlights Pond turtles inhabiting temporary ponds are affected by connectivity parameters. Hatchlings and juveniles seem more affected by connectivity parameters.
Choice of surface resistance scenarios affects identification of “stepping stones”. Graph models may be helpful to optimize conservation actions on turtle habitats.
Feb 02, · me digging a pond with a case g lil machine but it did the job. Management of Farm Fish Ponds in Tennessee The Pond Choosing the right location for the pond is a major consideration. Select a pond site with great care because economy of construction, overall usefulness and future productivity of the pond depend on its location.
About one-half in either case, will reach harvestable size. Along with. Case Study # Stormwater Retention Ponds: Maintenance vs. Efficiency. Jim Hafner at the City of Blaine and Mike Panzer at Wenck Associates, Inc.
In the case of Twin Lakes Park, the topography is relatively flat, resulting in a significant sediment build up in the storm sewer pipes. This condition was not fully evident when the pond was built. Impact Assessment of Rainwater Harvesting Ponds: The Case of Alaba Woreda, Ethiopia Rebeka Amha ILRI, Addis Ababa, Ethiopia.
[email protected] Abstract Rainfall in the arid and semi-arid areas is generally insufficient to meet the basic needs of crop production.
Thus, there is now.