Cole against Green
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | Court of the King's Bench |
English Reports Citation: 83 E.R. 422
COURT OF KING'S BENCH
422 HILL. 22 AND 23 CAR. II. IN B. R. 1 LBV. 310. cole against green. Converting brew-houses, &c. into tenements of greater value, is waste. S. C. 2 Saund. 352, to 259. 1 Mod. 94. 1 Danv. 311. Waste in the Hustings London, on a lease for years of a brew-house in London. The defendant pleads no waste, and issue thereon ; and on the evidence it appeared, that the defendant took down the brew-house, and erected several houses in the place, and improved the rent from 1201. to 2001. per annum; and by the direction of Howel Deputy Recorder, before whom the cause was tried ; for that thereby the nature of the thing, and the evidence thereof was altered, the jury found it waste, and gave single damages 2001. which were trebled to 6001. But then judgment was arrested, on motion before Sir William Wilde, the recorder himself, for the insufficiency of the verdict; because the writ of the count are quod fecit vastum venditionem & destructionem; and the jury found fecit vastum, venditionem & destructionem, scil, in pulling down the brew-house, and taking away the coppers, and the other particulars, &c. but did not find any sale of any of the particulars, upon the book case in Long 5 E. 4, 100. In waste for felling and selling of trees, the defendant pleads, that he felled them and employed in repairs; and the plea adjudged ill, because it did not traverse the sale. And although to this it was answered, that though in a plea the sale is material, because if he sold them it is waste, although he repurchase them and imploy them in repairs; and therefore the sale is there traversable, so that it may appear to the Court, whether the employing them in repairs be waste or riot; yet when in a verdict the waate is found, it is sufficient whether they are sold, or not: but (notwithstanding) the verdict for the said exception ruled to be insufficient, and a rule made for a new trial; whereupon the jury, in respect of the melioration, or improvement, by the direction of Sir William Wylde, before whom the new trial was, gave a verdict for the defendant, and judgment was thereupon given for the defendant. On which judgment Cole brought a writ of error before Vaughati Chief Justice of the Common Pleas, Hale Chief Baron, Turner, and Eainsford, and Moreton Justices, assigned at [310] St. Martins le Grand ; and upon hearing of counsel before Howel Deputy Recorder, the judgment, and both the verdicts, and...
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