Doe dem. Margaret and Jane Dalton against Jones and Another
| Jurisdiction | England & Wales |
| Judgment Date | 06 November 1832 |
| Date | 06 November 1832 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 403
IN THE COURT OF KING'S BENCH
S. C. 1 N. & M. 6; 2 L. J. K. B. 11.
[126] dob dem. margaret and jane dalton against jones and another. Tuesday, Nov. 6th, 1832. A private dwelling-house was demised for forty years, by lease, containing a covenant to repair and keep in repair the premises, and all such buildings, improvements, and additions as should be made thereupon by the lessee during the term, with a proviso for re-entry in case of breach of covenant. The lessee changed the lower windows into shop windows, and stopped up a doorway, making a new one in a different place, in the internal partition of the house: Held, that no forfeiture was incurred, the lessee's covenant being only against non-repair, and it being implied, by the terms of the lease, that additions and improvements were to be made. [S. C. 1 N. & M. 6; 2 L. J. K. B. 11.] Ejectment for premises at Swansea. At the trial before Alderson J., at the last Summer Assizes for Glamorganshire, it appeared that this action was grounded on a forfeiture, said to be incurred by breach of covenant in a lease. The premises, a dwelling-house, garden, &c. were demised to the defendant, Jones, for forty years from Lady Day 1819, at a rent of 301., which the lessee covenanted to pay, and also to repair and keep repaired, &c. the messuage, garden, and premises, by the indenture of lease demised, " together with such buildings, improvements, and additions whatsoever, as at any time during the said term should be erected, set up, or made by him, the said Thomas Jones, his executors, &c. thereupon;" that it should be lawful for the lessor (under whom the lessors of the plaintiff claimed) to enter and view the premises ; and that in case any defects or want of reparation of the said premises or any part thereof should be there found, the defendant, his executors, &c. should, on notice thereof in writing, cause the said premises to be forthwith well and substantially repaired or amended in all things. The only other covenants on the lessee's part were, not to assign without license, and to deliver up the premises at the expiration of the term, in good, substantial, and tenantable repair and condition. Proviso for immediate re-entry, if the rent should be unpaid for twenty-one days, or if the lessee should not observe and perform all his covenants. Until [127] January 1832 the house was private, and occupied as a...
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British Glass Manufacturers' Confederation and another v University of Sheffield
...In other cases, judges have considered other covenants contained in the lease in question and have reached a contrary conclusion. In Doe d Dalton v Jones (1832) 4 B & Ad 126 the lease contained a tenant's covenant to repair the premises "together with such buildings improvements and additio......