Rossiter and Others v Miller

JurisdictionUK Non-devolved
Judgment Date22 July 1878
Judgment citation (vLex)[1878] UKHL J0722-1
CourtHouse of Lords
Date22 July 1878

[1878] UKHL J0722-1

House of Lords

Rossiter and Others
and
Miller.
1

After hearing Counsel as well on Thursday as Friday last, upon the Petition and Appeal of William John Rossiter, George Curtis, William Joseph Shearburn, Peter Lewis Saubergue, John Hart, Mehetabel White (since deceased), Archibald White, Charles Alexander White, Charles Edwards, George Allsop and Kate his wife (since deceased), Emma Ann Ivery, widow, John Robert Ivery, and William Dore, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal, of the 8th of June 1877, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen, in Her Court of Parliament, might seem meet; as also upon the printed Case of Daniel Miller lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal, of the 8th of June 1877, complained of in the said Appeal, be, and the same is hereby reversed; and that the Judgment of the Master of the Rolls, of the 22d of January 1877, be, and the same is hereby restored: And it is Ordered, That the Respondent do pay or cause to be paid to the Appellants the Costs incurred by them in the said Court of Appeal: And it is further Ordered, That the said Respondent do also pay...

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48 cases
  • Jodifern Ltd v Fitzgerald
    • Ireland
    • Supreme Court
    • 21 Diciembre 1999
    ...plaintiffs case, can, however, be found in the following well known passage from the judgment of Lord Blackburn in Rossiter v Millar ( 3 App.Cas. 1124 (at p.1151)); "But the mere fact that the parties have expressly stipulated that there shall afterwards be a formal agreement prepared, emb......
  • Mulhall v Haren
    • Ireland
    • High Court
    • 1 Enero 1981
    ...Chinnock .v. Marchioness of ( 4 de GJ and S 638 at 646) which had also been cited with approval by Lord Cairns in Rossiter .v. Miller 3 App. Cas. 1124 at p 1139. He also referred to what he described as the "well established law" that an offer in writing signed by or on behalf of the offe......
  • Law v Jones
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 10 Abril 1973
    ...118, C.A. Parker v. Clark [1960] 1 W.L.R. 286; [1960] 1 All E.R. 93. Reuss v. Picksley (1866) L.R. 1 Exch. 342. Rossiter v. Miller (1878) 3 App.Cas. 1124, H.L.(E.). Thirkell v. Cambi [1919] 2 K.B. 590, C.A. Warner v. Willington (1856) 3 Drew. 523. The following additional cases were cited i......
  • Ives (E. R) Investment Ltd v High
    • United Kingdom
    • Court of Appeal (Civil Division)
    • Invalid date
    ... ... High and Mr. Westgate, a surveyor, an architect and others. Mr. Westgate admitted the trespass. Mr. High could have compelled Mr. Westgate to remove the ... it would be put into proper form by a solicitor in the manner recognised in such cases as Rossiter v. Miller F38 and Bonnewell v. Jenkins. F39 ... Unfortunately, apparently no one told Mr. High ... ...
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1 books & journal articles
  • Contract formation
    • United Kingdom
    • Construction Law. Volume I - Third Edition
    • 13 Abril 2020
    ...See, eg, Gladstone Area Water Board v AJ Lucas Operations Pty Ltd [2014] QSC 311 at [95]–[108], per Jackson J. 161 Rossiter v Miller (1878) 3 App Cas 1124 at 1151, per Lord Blackburn; Von-Hatzfeldt-Wildenburg v Alexander [1912] 1 Ch 284 at 288–289, per Parker J; Hirsch Rees & Associates Pty......

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