Henry Green against John Saddington
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1857 |
| Date | 01 January 1857 |
| Court | Court of the Queen's Bench |
English Reports Citation: 119 E.R. 1333
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 3 Jur. N. S. 717; 5 W. R. 593. Disapproved, Hodgson v. Johnson, 1858, El. Bl. & El. 689, 690.
hknry green against john saddington. 1857. Plaintiff ami defendant agreed, by word of mouth, that plaintiff should pay 371. for the interest of the defendant in premises occupied by him as a slaughter house, and for the fixtures ; defendant to return 101. if plaintiff were refused a licence to use the premises as a slaughter house. The premises and fixtures were transferred to plaintiff; and defendant received the 371. Subsequently, this action was brought to recover 101., on an allegation that the licence to use the premises had been refused to plaintiff. A nonsuit was directed, on the ground that the contract was lor an interest in land, and was void under sect. 4 of the Statute of Frauds. On a rule to set aside the nonsuit:-Held, by Wigbtmau and Erie Js. (Crorapton J. not concurring), that, the contract being executed as far as regarded the land, and the promise sued on relating wholly to money, the plaintiff might recover, though the contract was not in writing. [S. C. 3 Jur. N. S. 717 ; 5 W. R. 593. Disapproved, Hodgson v. Johnsm, 1858, El. Bl. & El. 689, 690.] This was an action in the Court of Record for the trial of civil actions within the city of Manchester. 1st count. That, in consideration that the plaintiff paid to the defendant a certain sum of money, to wit 371., as the purchase money for the tenant right and fixtures of a certain shop and premises, situate in Brook Street, Chorlton upon Medloek, within the said city of Manchester, together with a certain yard and slaughter house adjoining thereto, upon which said premises the plaintiff was then about to enter and to carry on the trade and business of a butcher, the defendant contracted and agreed with the plaintiff to repay him the sum of 101., part of the said purchase money, in case the council of the said city of Manchester should refuse to grant the plaintiff a licence for the use and occupation [504] of the said slaughter house as a slaughter house: and the plaintiff says that, although he the plaintiff accordingly entered on the said premises, and although the council of the said city of Manchester did refuse to grant the plaintiff a licence for the use and occupation of the said slaughter house as a slaughter house, yet the defendant, although required by...
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