Blake v Phinn
| Jurisdiction | England & Wales |
| Judgment Date | 01 February 1847 |
| Date | 01 February 1847 |
| Court | Court of Common Pleas |
English Reports Citation: 136 E.R. 391
IN THE COURT OF COMMON PLEAS
S. C. 16 L. J. C. P. 159.
blake v. phinn. Feb. 1, 1847. [B.C. 16L.J.C. P. 159.] A. paid a deposit upon a contract for the purchase of the lease, &c., of a public-house. It being afterwards discovered that the house was comprised with another in an (a)1 Eeg. 3, which provides that "all judgments, whether interlocutory or final, shall be entered of record of the day of the month and year, whether in term or vacation, when signed, and shall not have relation to any other day: provided that it shall be competent for the court or a judge to order a judgment to be entered nunc pro tune." (a)2 See Fisher v. DvMing, 3.M. & G. 238, 3 Scott, N. E. 516. 392 BLAKE V. PHINN 3 C. B. 977. original lease, under which the lessor had a right to re-enter for breach of covenants, in respect of either house:-Held, that A. was not bound to accept the title with an indemnity, but might recover back the deposit, with the expenses incurred in investigating the title. This was an action brought to recover back the sum of 501. paid by the plaintiff to the defendant as a deposit on a contract for the purchase of the lease and goodwill, &C. of a public-house called the Lamb and Flag, situate at Clerkenwell Green, Middlesex, together with the sum of 41. 19s. 2d., for expenses incurred by the plaintiff in investigating the title thereto. By the agreement, which bore date the 1st of October, 1846, the defendant, in consideration of 501. paid by the plaintiff by way of deposit, and in part of the sum of 1050L, the consideration agreed on between the parties, and of the residue of such purchase-money to be paid a| thereinafter stipulated, agreed "that he and all other necessary parties would, on or before the 22nd of October [977] then instant, assign unto the said H. E. Blake, her executors, administrators, and assigns, or to such persons as she should appoint, all that messuage, tenement, or public-house, called the Lamb and Flag, situate in Clerkenwell Green, in the parish of St. John, Clerkenwell, in the county of Middlesex, with the yard, outbuildings, and appurtenances thereunto belonging, for the residue of a term of years for which the said E. T. Phinn then held the same under a lease thereof granted, of which term forty years were then unexpired, subject to the yearly rent of 851., and to the covenants in such lease contained (the same, nevertheless, being only the usual and ordinary covenants...
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