Doe on the demise of the Trustees of the Schools and Almshouses of the City of Worcester v Rowlands
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1841 |
| Date | 01 January 1841 |
| Court | High Court |
English Reports Citation: 173 E.R. 1030
IN THE COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER
S. C. 5 Jur. 177. Considered, Conquest v. Ebbetts, [1896] A. C 490. Referred to, Joyner v. Weeks, [1891] 2 Q. B 31, Field v. Curnick, [1926] 2 K B 374.
[734] Worcester City Assizes, before Mr Justice Coleridge DOE ON THE DEMISE OF THE TRUSTEES OP THE SCHOOLS AND ALM&HOUSES OF THE ClTY OF WOECESTEB V. ROWLANDS. (In an Action of covenant the declaration stated, that the defendant covenanted to 9 QA&. & F. 7S6. DOE W. ROWLANDS 1031 occupj demised premises in a proper manner, and to keep them in repair. Breach.es-that the defendant did not occupy in a proper manner, and did not keep the premises in repair Plea-that the defendant did occupy in a proper manner, and did keep the premises in repair ò-Held, that on these issues the plaintiff had the right to begin In an action of covenant for non-repair of premises, held by the defendant under a lease which has several years to run, the proper measure of damages is not the amount that would be required to put the premises into repair ; but the amount to which the reversion is injured by the premises being out of repair A tenant's allowing a footpath to be made across a part of demised premises, is no breach of a covenant to occupy the premises, in a proper manner ) [S. C. 5 Jur. 177. Considered, Conquest v. Ebbetts, [1896] A. C 490. Referred to, Joynerv. Weeks, [1891] 2 Q. B 31 , Field v. Curnick, [1926] 2KB 374.] Covenant.-The declaration stated that the plaintiffs had, on the 14th of June, 1808, demised to the defendant certain premises, consisting of a warehouse, a stable and garden-ground, situate at the Butts, in the city of Worcester, for the term of forty-one years from Lady Day, 1806, at a rent of £12 a-year , and that the defendant, in and by the said lease, covenanted to occupy the premises in a proper manner, and well and sufficiently to repair and uphold the buildings demised , and, if necessary, to jebufld the warehouse, and also to keep in repair the pales and fences Breach, -that the defendant did not well and sufficiently repair and uphold the buildings, and keep in repair the pales and fences, and that he did not occupy the demised premises in a proper manner. Pleas-that the defendant did well and sufficiently repair and uphold the building, and did keep in repair the pales and fences, and also that he did occupy the demised premises in a proper manner Talfoard, Serjt, for the defendant, claimed the right to begin [735] Ludlow, Serjt., for the plaintiffs -I submit that the plaintiffs must begin, by shewimg in. what respect the defendant has broken his covenant. One of the issues is, whether the defendant has occupied in a proper manner. If the defendant is to prove good occupation, he must prove all that he has ever...
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