Edwards, Esq v Rees, Esq
| Jurisdiction | England & Wales |
| Judgment Date | 11 March 1836 |
| Date | 11 March 1836 |
| Court | High Court |
English Reports Citation: 173 E.R. 151
IN THE COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER
March llth, 1836. edwards, esq v. rees, esq. (A demised a colliery to B , and B covenanted to pay as rent " one-third part of the money that should arise, be made, received, or produced from the sale of the coals " ; and covenanted to keep ' true accounts of all coal daily raised, and to make and deliver true copies thereof to A " .-Held, that taking the two covenants together, the rent was to be calculated on the amount of coals sold, and not on the amount of money actually received Under the latter Act before cited, schedule O, 30, and the Municipal Reform Act, had been made a part at the county of the city of Bristol Greaves applied for a writ of mandamus ; and the Court of King's Bench, after hearing cause shewn by Campbell, A -G., and Maule, discharged the rule, holding, that, since the statutes above referred to, Clifton was for all purposes now to be considered a part of the county of the city of Bristol. 152 HOWELL V. THOMAS 7 CAB. ft P. 341. covenant, D. J., who was the account-keeper appointed by the persons who worked the colliery, but who was since dead, rendered to the plaintiff accounts oi coals sold by him :--Held, that these accounts were receivable in evidence against the lessee-First, as being entries made by D. J , charging himself, and, secondly, as being admissions made by the lesaee's agent.) Covenant for non-payment of a galeage rent reserved by the lease of a colliery - Plea, non est factum. The lease was proved, and put in, and it contained a reddeiidum, " yielding and paying unto the said William Edwards one-third part oi the money that shall arise, be made, received, or produced from the sale of the said coals " The lease also contained a covenant on the part of the lessee to pay the money reserved by the reddendum, and a covenant " to keep true accounts of all coals daily raised, and to make and deliver true copies thereof to the said William Edwards " In order to prove the amount due to the plaintiff, it was proposed to give in evidence certain books of account made by David John, who was since dead. David John was the account-keeper of the sales of coal, appointed by the persons who worked the colliery, and these books purported to contain an account of all coals sold by the deceased at the colliery, and the prices at which...
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