brown case george BALL Appellant John clog and others Respondents d April the  partner in certain brass work enter into article with a that he shall serve  they as their manager and overseer during his life and beside a stipulate  yearly salary he be to have S d for every hundred weight of brass wire make by  he or any other person during his life a be afterward discharge by the partner  from their service and on a bill bring for a specific performance of these  article it be decree that the plaintiff be entitle to all the advantage  thereby stipulate for he except the S d Payable to he for every hundred weight  of brass wire make at the mill which Lord Cowper conceit be intend as a reward  attend the produce of the work during such time only as the plaintiff  supervise the same but this part of the decree be reverse and he be hold to be  entitle to this allowance during his life the respondent be entitle to the  benefit of certain letter patent which have be grant to one Thomas neal for  the sole make and vend of brass and brass wire they in the year enter into a  copartnership with several other person to carry on the invention by a public  stock and for that purpose raise above pound erect proper work at Esher in  Surrey hire foreign workman brown er p and carry on the undertake at a great  expense but with so little profit that in a few year the great part of their  stock be exhaust the appellant have be recommend to the company as a person  well skill in work of this nature and have point out to they proper method of  retrieve the ruinous situation of their manufactory certain article bear date  the that of September be enter into between the respondent on behalf of  themselves and the rest of the company of the one part and the appellant of  the other part whereby the appellant be appoint agent manager director and  overseer of the work and workman at Esher during his life and the respondent  covenant to pay he pound per and and to find he and his family convenient  habitation coal and beer and further that during the time the say work shall  continue at Esher or elsewhere and the appellant shall live they will pay he  over and above the pound per and S d for every hundred weight of brass wire  that shall be make by he or any other person during his life by the order  instruction or appointment of the respondent or their partner provide it be  equal in goodness to a pattern therein mention and certain stipulation be also  make by these article for the benefit of the appellant wife in case she shall  happen to survive he the appellant accord enter into his employment and  conduct the work in so proper and successful a manner that the price of the  brass wire make there be advance above pound per tun but in September some  dispute arise between the appellant and the respondent clog the appellant be  by a order in brown write remove from his say service and in Hilary term he  exhibit his bill in chancery against clog and the two other respondent for a  specific performance of the article whereupon the respondent bring a cross  bill against the appellant to be relieve against these article on a suggestion  of improper conduct and behaviour in he both cause be hear before the Lord  chancellor Cowper on the that of February when his lordship declare that the  plaintiff do not appear to have commit any misdemeanour or to have misbehave  himself in the management of the work so as to forfeit the benefit intend he  by the article but that on the contrary it appear that the plaintiff be a able  and understanding man in the affair he undertake for the company service and  have be very useful to they in cure the mischief which the work lie under and  in improve the same and that the consideration of the plaintiff restore the  work in such manner as he have do be the consideration of the great reward he  be to have by the article that therefore the plaintiff be well entitle to all  the advantage come to he by the say article except the S d Payable to he for  every hundred weight of brass wire make at the mill which his lordship  conceive be intend as a reward attend the produce of the work during such time  only as the plaintiff supervise the same and that he be not entitle to it  since it be therefore decree that the master shall take a account between the  party and see what be due to the plaintiff for the S d for every hundred  weight of brass wire make at the mill during the time that he supervise the  work that the article shall be perform by the party thereto for the future  that the plaintiff shall repair to the work again and act accord to the  article if the defendant clog shall require the same and that the plaintiff  shall be pay his salary accord to the article until the further order of the  court the master by his report of the that of November certify that there be  then clue to the plaintiff for his salary of pound per and and the interest  thereof pound S d and by another report of the that January he certify that  there be due to the plaintiff for the S d a hundred of the brass wire make at  the work during the time that he supervise the same and for coal small beer  and other perquisite which he be to be allow by the article pound S d and both  these sum amount together to pound S d the defendant clog afterward pay to the  plaintiff in pursuance of the decree and also the grow payment of his salary  of pound per and and S per week for coal small beer and other perquisite since  the date of the master last report but from so much of the decree as relate to  the S d per hundred for the brown er p brass wire the plaintiff appeal insist  t Parker c Phipps that this allowance ought to have be make to he as well  since he be remove from the management of the work as for the time he  supervise the same inasmuch as he have be guilty of no brown misbehaviour in  his office nor do anything to forfeit the benefit of his agreement but be  always ready to perform his part of the article that the work be still carry  on accord to his method and the brass wire make be of equal goodness with the  pattern and therefore by the express word of the agreement the appellant be  entitle to the S d per hundred during his life especial as both by the article  and the decree he be oblige if clog shall require it to serve the company as  long as he live and be therefore bar from get his livelihood in any other  capacity on the other side it be say f page that the consideration for allow  the appellant S d for every hundred weight of wire make at the work be that by  his calculation the company be induce to believe that their charge in make the  wire will by this method be considerable lessen and their profit consequent  much great and because the appellant be to be at the trouble and charge of  order prepare and improve the metal accord to that method and which be to be  deduct from such allowance whereas he have be at no charge at all in the  matter nor have he in the least alter the former method of prepare the metal  or make the wire but if this be otherwise yet the respondent insist that by  the article the allowance of S d per hundred be not to continue any long than  while the appellant be actual employ in the work and this employment be to be  only during the will and pleasure of the proprietor but after hear counsel on  this appeal it be order and adjudge that such part of the say decree whereby  it be declare and decree that the say George ball be not entitle to S d for  every hundred weight of brass wire make at the say mill since he supervise the  same shall be reverse and that the appellant shall be allow and pay by the  respondent S d for every hundred weight of wire make at the partner mill  during his life but if the partner shall employ the appellant then he be to  deduct the S d for every hundred weight which shall be make by he or under his  management of less goodness than the pattern accord to the article and  likewise to be at the extraordinary charge in prepare the metal accord to his  covenant