Harris against Evans

JurisdictionEngland & Wales
Judgment Date01 January 1756
Date01 January 1756
CourtHigh Court of Chancery

English Reports Citation: 27 E.R. 221

HIGH COURT OF CHANCERY

Harris against Evans

Case 171.-harris against evans. [1756.] Lease to hold for one year, and so for two or three years, or such term as the parties should think fit. Held, a lease for one vear only, without subsequent agreement.- [S. C. 1 Wilson, 262.] In the Exchequer, 13 Nov. 1756. Bill by plaintiff against defendant, for an account of rent, &c. A question arose, What interest the plaintiff had under a lease made to him by defendant, to hold from Michaelmas Day, for one whole year, and so for two or three years, or any such further term of years as the said N. Evans, and R. H. should think fit, and agree, on yielding and paying for the said one year, and from thence yearly and every year, during such term or terms as shall be hereafter granted, £35 per annum. The Court stopped the defendant's counsel (of which I was one), and declared their opinion to be clearly, That it was a lease but for one year only, without a subsequent agreement : and if it had been doubtful on the words of the habendum, those under the reservation fully explained them.(l) (1) The Editor was unable to meet with any entry of this case, in the Record Books of the Court of Exchequer. In Wilson's Reports, vol. 1, p. 262, there is the following short note of the case. " Per cur. A lease to hold to B. Harris, from Michaelmas " for one year, and so for two or...

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