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contract or relation as a fact, and to refer generally to such letters, conversations, or circumstances without setting them out in detail, and if in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances he may state the same in the alternative".

De tegenhangers van Order XIX. rules 21—24 vinden wij ter zelfder plaatse in rules 6 en 7:

6. „In all cases in which the party pleading relies on any misrepresentation1), fraud, breach of trust, wilful default, or undue influence and in all other

') Tot opheldering van dit woord diene de volgende statement of claim uit het boek van Dr. Blake Odgers. Precedent No. 62. blz. 407/408.

1. In the month ot April, 1902, the defendant was desirous of selling to the plaintiff a house known as No. 37, . . . street, S. W., as a residence for the plaintiff, his wife, children, and servants.

2. In order to induce the plaintiff to purchase the said house, the defendant represented to the plaintiff that the drains of the said house had been properly constructed and were then in perfect order, and in particular that the main drain of the said house was properly trapped (zie hieromtrent de „Century Dictionary" in voce „trap") at the end of the yard.

3. The plaintiff was thereby induced to purchase the said house and did purchase it, relying on the truth of the defendant's statements, and paid the defendant — 1. for the said house, and went to reside therein with his wife, children, and servants, in the month of May, 1900.

4. The said drains had not been properly constructed and were not then in perfect order, and the said main drain of the said house was not trapped at all at the end of the yard.

5. The defendant made the said statements wel! knowing them to be untrue, or with a reckless disregard as to whether they were true or false.

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