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action agent agreed agreement alleged allowed amount appears apply appointed assigns authority Bank benefit bill building called Carlton carried charge circumstances claim considered contained contract costs court covenant creditors death debt decided decision decree deed defendant devised died directed directors effect entitled evidence executed executors fact fund further gift give given Grant held hold husband intention interest issue James judgment land Law Rep lease liable limited Lord March matter means ment mortgage necessary notice object obtained opinion owner paid parties patent payment person plaintiff possession present principle profits purchase question reason received referred regard respect rule settlement shareholders shares solicitor suit taken tenant thing tion transfer trustees vendors whole wife