Buttemere v Hayes
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1839 |
| Date | 01 January 1839 |
| Court | Exchequer |
English Reports Citation: 151 E.R. 193
EXCH. OF PLEAS.
S. C. 7 Dowl. P. C. 489; 9 L. J. Ex. 44, 3 Jur. 704. Applied, Leaf v. Tuton, 1842, 10 M. & W. 393.
buttemere v. haves. Exeh. of Pleas. 1839.-Where A., being possessed of a messuage and premises for the residue of a certain term of years, agreed with B. to relinquish possession to him, and to suffer him to become tenant of the premises for the residue of the term, in consideration of B.'s paying a sum of money towards completing certain repairs of the premises:-Held, that this was an agreement relating to the sale of an interest in land, within the 29 Car. 2, c. 3, s. 4.-Held, also, that in an action brought by A. on this contract, B. was entitled to avail himself, under uon assumpsit, of the objection that there was no memorandum or note in writing, &c., of such contract. [S. C. 7 Dowl. P. C. 489; 9 L. J. Ex. 44; 3 Jur. 704. Applied, Leaf v. Tuton, 1842, 10 M. & W. 393.] Assumpsit. The first count of the declaration alleged, that the plaintiff was possessed of a certain messuage and dwelling-house, held by him as tenant to one J. Gi, for the residue of a certain term of seven years, three years of which were then to cpme and unexpired ; as also of certain chattels and fixtures being in the said messuage or dwelling-house; that before the making of the agreement thereinafter mentioned, there were certain repairs necessary to be done in the said messuage, which the aiid plaintiff was then about to cause to be done; and thereupon, in consideration tha,t;the plaintiff, at the request of [457] the defendant, would on completion of the said repairs give up and relinquish possession of the said messuage arid dwelling-bouse to him, the said defendant, arid suffer him to become the tenant thereof for the said nnexpired residue of the term, the said defendant promised the said plaintiff to pay him the sum of 101. towards the amount of the dilapidations, on the latter being estimated hy a surveyor. The declaration then alleged, that in pursuance of the said agreement, the defendant entered into the possession of the premises, and became the tenant thereof; and that the dilapidations, were ascertained by a surveyor, but that the defendant refused to pay, &c. The defendant pleaded non assumpsit. At the trial! before Lord Abinger, C. B., at the Sittings after last Hilary Term, the plaintiff having proved a parol contract to the effect of that stated in the declaration,! and a breach of such...
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