Airie and Alcock
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1611 |
| Date | 01 January 1611 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 276
IN THE COURT OF EXCHEQUER
airie and alcock. The case was argued again, between Airie atid Alcock concerning the misnaming of corporations, which was argued before, as appeareth fo. and Thomas Stephens the princes attorney argued, that the lease is void by the reason of the mis-nosmer, and ha observed the misnosmer to be principally in these two material things. First, where the foundation was, by the name of the Hall, or the Colledge of the Queen, LANE, 34. AIRTE ('. ALCOCK 277 &e., the presentation of thu parson, and also the confirmation of tho lease made by the name of the Queens Colledge, &c. omitting the word (scholers) which should immediately precede the word Alike Regime which he held a material variance ; the second variance he observed to Ue thus, that [34] where the foundation was by the name of the Hall or Colledge of the Queen in Oxford, the presentation and continuation of the lease was, by the name of Provost of Queens Collodge in the Qniversitie of Oxford, so that tho word imiversitie was added, which was not in thu foundation, and to prove that these variances were material for the avoiding of leases, he cited the case often remembred, in the argument before, which conceived Morton Colledgo in Oxford; and the parties to this case, were Fish and Boys, which was in Trin. .'SO Eliy,, Banco K. Rot. 95.3, wherein the case was, that the said colledge was incorporated by the name of Warden and Scolers of the House or Colledge of Seholers of Merton in the Oniversitie of Oxford, and that they made a lease by the name of the Warden, and Xcholers of the House or Colledge of Mertori Colledge in Oxford, so that the word scholors, which did immediately preceed the word Mertou in tho foundation is omitted in the lease as in the principal case : also where tho word imiversitie was added in their corporation tho same was omitted in the lease, whereas on the other side, this was not mentioned in Allies case to be contained in the foundation, but added in the lease, aud he said, that for these vari;tnces in Merlon ('olledye c.ase, the lease was holden to be void, which he held to be all one with our ease ; but he agreed, that in divers cases variances in addition of surplusage shall not be hurtful iu a lease, as appears by 21 aud 2'J R. 4, and therefore though iu the principal case, the word fellows was added in the lease, which wag not in the foundation he would not argue, that this should be any...
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