We have already disposed of this question, in page 52, where the principle of _weight for weight_ is clearly defined; and upon this plain principle, it is submitted, _Mr. Bolland ought to have decided_. It was mere nonsense to go into any enquiry as to what was a load; there must be a _determined standard between the things_, or otherwise the condition of the agreement was a _nullity_, and Mr. Mee and Mr. Driver might with equal justice have demanded _barge loads_, or even _ship loads_ of dung, in exchange for _cart loads_ of hay. The obvious intention of the condition is to secure weight for weight for the straw, and double the weight, or two loads for one of hay. When, therefore, the weight of the hay and straw was determined, the required quantity of dung was also determined, and it only remained to be ascertained how much had been carried, and what there was still to be brought; and making every allowance for Mr. Bolland’s want of agricultural information, it is odd that he could overlook so evident a rule of conduct. Another point to be considered, is that Mr. Elsee _was not permitted to carry the dung so improperly awarded to be due_; but _he was compelled to pay in money_, at the rate of _twenty shillings per load_, when he could have bought it at _five_, and when, besides, he had it already _provided for the purpose_; and the basis of this price was the assertion that _it would cost_ 20_s._ _to fetch a three horse load from London_! Thus the quantity is first exaggerated beyond all reason, and against the evidence of the facts, and then the dung is refused, and a four-fold price demanded in its stead. {67} The following extract is made from Mr. Elsee’s instructions to his attorney, when the reference was proceeding, and it is inserted to demonstrate that he was desirous of nothing but an equitable adjustment: “Every thing depends upon proving the quantity of dung, over and above the small quantity of straw taken away, only 27 tons 13 cwt. 1 qr. 12 lbs, according to their estimation. And they take it landlord’s measure, 20 acres, instead of 18, and make 40 nominal loads, when in fact there were only 13. Let us only establish the quantity of dung, and then I will make the following proposal, as I have kept a sufficient quantity of dung always by me, on purpose to carry, whenever I knew how much would satisfy. Let them state the price of the dung per load, to be paid in money in one month, or the dung to be delivered in two months, double the weight of the hay taken a way, that is two loads for one, after allowing for what has been carried, and let me chose which I will do, and that will save all disputes about the value of the dung. Or if they like it better, I will state the price, and they shall chuse either money or dung.” {69}