HENDERSON, J., delivered the opinion of the Court.
This appeal is from a decree rescinding and cancelling a written agreement for the lease of a race horse, on the ground that there had been substantial breaches of the agreement. At an earlier stage of the case the appellant filed a motion to quash the writ of summons, which was denied, and it is conceded that the correctness of this ruling is open on the appeal from the final decree. Guerreni v. Sainsbury,
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