Greenslade v Tapscott
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1834 |
| Date | 01 January 1834 |
| Court | Exchequer |
English Reports Citation: 149 E.R. 991
EXCH. OF PLEAS.
S. C. 4 Tyr. 566; 3 L. J. Ex. 328.
[55] geeenslade v. tapscott. Exch. of Pleas. 1834.-A lease contained a stipulation, that, for every acre, and so in proportion for a less quantity of the land which the lessee should suffer to be occupied by any other person without the consent of the landlord, an additional rent should be paid. The tenant undertook to use, occupy, dress, and manure the land according to the custom of the country. The tenant, without the consent of the landlord, suffered other persons to use small portions of the land for the purpose of raising a potato crop. It was proved to be the custom of the country for farmers to pursue that course: -Held, that the landlord was entitled to the additional rent, this being an occupation of the land by other persons. [S. C. 4 Tyr. 566; 3 L. J. Ex. 328.] This was an action of assumpsit, in which the plaintiff declared specially on the following agreement:-" Agreement entered into this 4th day of July, 1828, between Amos Greenslade, of the city of Bristol, and John Tapscott, of Minehead, in the icounty of Somerset. A. G. agrees to let, and J. T. agrees to take, the estate at Perriton, now in the occupation of J. arid T. Rew, for the term of seven years from the 29th of September next, at the annual rent of 851., clear of all taxes, rates, tithes, high rent, and land tax whatsoever, the lease to be drawn by Mr. Tapworth's attorney in the precise terms of the lease now existing between the said Messrs. Rew and the said Amos Greenslade, except that the said John Tapscott is to find reed for thatching, by the said Amos Greenslade's paying for laying up; and also, except that the lease is to become void on the said John Tapscott dying previous to its expiration. "amos gkeenslade." The part of the lease to the Messrs. Rew, material to the question now raised, was the reddendum, "yielding and paying yearly, during the said term, the yearly rent of 8Q1., &c., and also the further yearly rent of 101. for every acre, and so in proportion for any less quantity of any part of the meadow or ancient pasture ground which the said J. R. and T. R. shall plough," &c., "or which he or they shall let, assign, or demise, or suffer to be occupied by any other person without the consent in writing of the said J. G. first obtained, such additional rent to be payable from thenceforth quarterly, at the times of payment of the rent aforesaid, during the then remainder of the said term." There was also (amongst others) a covenant " that they the s;iid J. R. and T. R. should not, nor would, do or commit, or suffer to be done or committed, any wilful or [56] voluntary waste, spoil, or destruction on the said premises, or any part thereof...
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