476 CONTEACT VOID THROUGH FRAUD. 



value lias been fixed by an arbitrator appointed by the owner and the 

 company ; and such a contract will be enforced in equity, notwithstand- 

 ing tlic special provisions contained in the act relating to compulsory 

 purchases {Iliycnfs Canal Company v. Ware). And if an owner of land 

 compelled lo sell delays the completion of the purchase, interest will stop 

 upon an appropriation of the purchase-money, with notice that it is un- 

 employed (ib.). It is not the course of the Court, when it entertains 

 jurisdiction in specific performance, to permit an action at law to pro- 

 ceed for the same subject-matter (The Dulce of Beaufort v. Glynn). 

 And jjer Lord St. Leonards, it is no objection to the specific per- 

 formance of an agreement that collateral circumstances necessarily 

 arising out of the agreement are not mentioned in it {Ridyway v. 

 Wharton). 



A contract may he avoided by a false and fraudulent representation, 

 though not relating directly to the nature or character of its subject- 

 matter, if it is so closely connected with the contract, as that the party 

 sued upon it would not, but for the representation, have entered into 

 it, and was induced to enter into it to the knowledge of the other party 

 by such representation. And hence in an action for not giving up pos- 

 session of a farm, under an agreement to assign it to the plaintiff, a 

 plea that the plaintiff held it on lease containing a covenant not to part 

 with, assign, or underlet without the landlord's consent (the covenant 

 being accompanied with a proviso for re-entry in case of breach), and 

 that the plaintiff falsely and fraudulently represented to the defendant 

 that the plaintiff had provided a respectable tenant, whom the landlord 

 would accept, and thereby induced the defendant to enter into the 

 agreement— was held on demurrer by the Court of Common Pleas to be 

 good {Canham v. Barry). 



Kindersley Y.-C. held that ichere coal mines are vorked under an 

 agreement which provides that when the workings shall have finally 

 ceased, the pits shall be filled in, and the ground restored to cultiva- 

 tion, the cessation of the works and the filling up of the pits, and the 

 restoration of the land, does not prevent a re-working of the mines 

 under the agreement (Eamsden v. Hirst). An objection to the title on 

 the ground of such right to re-work is valid, and a purchaser is entitled 

 to compensation, to be estimated by taking all the circumstances into 

 consideration (ib.). 



An owner in fee sold and conveyed two closes, A and B, by instruments 

 executed on the same day to different purchasers. A was separated from 

 the highway by B, over which, previous to the sale, the tenant of A 

 used a way, which was the shortest from A to the highway. Another 

 more circuitous way existed, which had been, long before the sale, 



