The historic admonition to be off with the old love
before you are on with the new has lost a little of its force since the Law Lords gave their decision (on Tuesday) in the case of Fender v. Mildmay. Sir Anthony Mildmay, it will be remembered, a decree nisi having been pronounced against him, made a proposal of marriage to Miss Fender, who accepted it, in the interval before the decree was made absolute. He then changed his mind and Miss Fender sued him for breach of promise. The jury awarded her £2,000 damages, but the Judge ruled against her on the ground that Sir Anthony, till his decree became absolute, was still married and could give no valid promise to marry someone else. The Court of Appeal upheld the ruling—by two to one. Now the House of Lords has reversed it, by three to two. So Miss Fender gets her £2,000. But since five judges in all were against her and only four with her, the law on the point at issue can hardly be said to be convincingly established.
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