Granger v Collins
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1840 |
| Date | 01 January 1840 |
| Court | Exchequer |
English Reports Citation: 151 E.R. 492
EXCH. OF PLEAS.
S. C. 9 L. J. Ex. 192.
granger v. collins. Exch. of Pleas. 1840.-Assumpsit. The declaration stated, that whereas before and at the time of making the agreement thereinafter mentioned, the defendant held the house and premises thereinafter mentioned, for the residue of a term of years, and thereupon afterwards, to wit, on &c., agreed to let to the plaintiff, who then agreed to take of the defendant, the said house and premises at a certain rent; and in consideration of the premises, the defendant promised the plaintiff' that he should quietly hold and enjoy the said house and premises during the said term, without any eviction from the parties-entitled to the reversion ; nevertheless, he the plaintiff was evicted by the party entitled to the reversion :-Held, on demurrer, that the declaration was bad, inasmuch as, the plaintiff having declared on the simple relation of landlord and tenant, no such duty as that laid as the defendant's promise arose from that relation. [S. C. 9L. J. Ex. 192.] Assumpsit. The declaration stated, that whereas theretofore, and before and at the time of the making of the agreement thereinafter mentioned, the defendant held the house and premises thereinafter mentioned, for the residue of a certain term of years therein ; and thereupon afterward, to wit, on the 20th day of December, 1837, the defendant agreed to let to the plaintiff, who then [459] agreed to take of the defendant, the said house and premises, situate and being in Hunter-street, Brunswick-square, in the county of Middlesex, including the use of the several fixtures therein, for the term of three years from the 14th day of August, 18.37, at the rent of 731. 10s. a-year, payable quarterly, [setting forth the days of payment, &c. ;] and in consideration of the premises, the defendant afterwards, to wit, on the day and year first aforesaid, promised the plaintiff that he should quietly hold and enjoy the said house and premises during the said term, and according to the true intent and meaning of the said agreement, and without any eviction from or by the party or parties entitled to the reversion of or in the said house and premises, expectant on the reversion of the defendant's lease. And the plaintiff in fact saith, that afterwards, to wit, oa the day and year first aforesaid, he entered into and upon the said house and premises, and became and was possessed thereof as such tenant as...
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