Donellan against Read
| Jurisdiction | England & Wales |
| Judgment Date | 15 June 1832 |
| Date | 15 June 1832 |
| Court | Court of the King's Bench |
English Reports Citation: 110 E.R. 330
IN THE COURT OF KING'S BENCH
S. C. 1 L. J. K. B. 269. Applied, Smith v. Neale, 1857, 2 C. B. N. S. 88. Referred to, Miles v. New Zealand Alford Estate Company, 1886, 32 Ch. D. 276.
donellan against bead. Friday, June Ititfh, 1832. A landlord who had demised premises for a term of years at 501. a year, agreed with his tenant to lay out 501. in making certain improvements upon them, the tenant undertaking to pay him an increased rent of 51. a year during the remainder of the term (of which several years were unexpired), to commence from the quarter preceding the completion of the work: Held, that the landlord, having done the work, might recover arrears of the 51. a year against the tenant, though the agreement had not been 3 B. & AD. 900. DONELLAN V. READ 331 signed by either party; for that it was not a contract for any interest in or concerning lands within the Statute of Frauds ; nor was it, according to that statute, an agreement "not to be performed within one year from the making thereof," no time being fixed for the performance on the part of the landlord. [S. C. 1 L. J. K. B. 269. Applied, Smith v. Neale, 1857, 2 C. B. N. S. 88. Eeferred to, Miles v. New Zealand Alfwd Estate Company, 1886, 32 Ch. D. 276.] Assumpsit. The declaration stated that the defendant held a messuage and premises as tenant thereof to the plaintiff under a lease, for the residue of a term, at 501. a year rent, and had applied to the plaintiff to make certain improvements on the said premises; and that in consideration that the plaintiff would make the same at his, the plaintiff's expense, the defendant promised to pay him the yearly rent or sum of 51. in addition to the above-mentioned annual rent of 501., making together the yearly rent or sum of 551., to [900] commence on the 29th of September 1827, and to be paid thenceforth at the days appointed in the lease for payment of the rent thereby reserved. Averment that the plaintiff made the improvement; but that afterwards, and while the defendant continued tenant to the plaintiff, the said additional rent for two years and three quarters, amounting to 131. 15s., was and continued in arrear and unpaid. The second count described the promise as made upon an executed consideration, and there were also a count on a quantum meruit for use and occupation, and the money counts. Plea, the general issue. At the trial before Alderson J., at the assizes for Somersetshire, in August 1831, the following facts appeared:- The defendant was tenant to the plaintiff of a house and bakehouse under a lease for twenty years, commencing from the 7th of June 1822, at the yearly rent of 501. payable at the usual quarter days. The defendant being desirous of some improvements in the house, proposed to the plaintiff in August or September 1827 to lay out 501. on such alterations, which the...
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...this contract does not create a new demise at an increased rent, so as to amount to a surrender of the old lease by operation of law. 3 B. & Ad. 899, 905, Danellan v. Read. 2 M. & W. 333, Lambert v. NorrisJ] (y) So, although the term be created by parol, as a term for three years or less, o......
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