tract between the Plaintiff and Lester and Morrogh, must be construed according to its spirit: Now what was the intention of these parties? It was that so long as Lester and Morrogh should carry on the Brewery, at Cape Diamond, the Plaintiff should "make such quantity of pale and brown malt, from barley," as they should find necessary for brewing. But the insolvency of Lester and Morrogh in September, 1808, and the subsequent sale of the Brewery rendered it no longer necessary for their concerns to have malt made, and put an end to the contract between the parties.

66

1810.

OAKLEY against MORROGH and DUNN.

END OF HILARY TERM.

BOUL