Hughes v Parker
| Jurisdiction | England & Wales |
| Judgment Date | 29 April 1841 |
| Date | 29 April 1841 |
| Court | Exchequer |
English Reports Citation: 151 E.R. 1028
EXCH. OF PLEAS.
S. C. 1 Dowl. (N. S.) 80; 18 L. J. Ex. 297; 5 Jur. 730.
hughes v. parker. Exch. of Pleas. April 29, 1841.-Declaration in assumpsit stated, that the plaintiff bargained to buy of the defendant, and the defendant agreed to sell to him, a dwelling-house and the fixtures therein, for the residue of a term of years then and still unexpired therein, to commence from a certain day, to wit, the 1st of January, 1840, for the sum of 60: and that thereupon the defendant promised to execute a proper conveyance, to make out an abstract of title, and deliver possession from the 1st of January, 1840, &c. At the trial, the following paper, signed by the defendant, was read in evidence : " I agree to sell the house and fixtures, No. 163, Piccadilly, to commence from the 1st of January next, for 60:"-Held, that this document imported the sale of an interest in fee-simple, and did not sustain the contract as alleged in the declaration. [S. C. 1 Dowl. (N. S.) 80; 18 L. J. Ex. 297; 5 Jar. 730.] Assumpsit. The declaration stated, that heretofore, to wit, on &c., the plaintiff bargained with the defendant to buy of him, and the defendant agreed to sell to the plaintiff', a certain dwelling-house and the fixtures therein, to wit, for the residue of a certain term of years then and still unexpired therein, to commence on and from a certain day, to wit, the 1st day of January, 1840, for the sum of GO : and thereupon, in consideration, &c., the defendant promised the plaintiff' to make and execute to him a proper conveyance, to make out an abstract of title, and to deliver to him possession of the said dwelling-house and fixtures, and the said residue of the said term, from the said 1st day of January 1840. Breach, that the defendant did nut furnish an abstract of title, execute a conveyance, or deliver possession of the said dwelling-house, &c., but sold and disposed thereof to another person. : Pleas, first, non assumpsit; secondly, that the plaintiff did not bargain to buy, nor the defendant to sell, the said dwelling-house and fixtures, modo et forma: upon which issues were joined. At the trial before Lord Abinger, C. B., at the Middlesex Sittings after last Hilary Term, it appeared that the plaintiff agreed with the defendant to take of him two [245] floors of a house in Piccadilly, held by the defendant as tenant of a Mr. Hibbert ; and the following paper, signed by the defendant only, and delivered...
To continue reading
Request your trial
-
Swan v Miller, Son, and Torrance
...C. and Ronan and O'Connor L.JJ. (1) 4 App. C. 311. (2) 3 App. C. 1143. (1) 3 Drew, 523. (2) [1901] 1 Ch. 543. (1) 1 Coll. 301. (2) 8 M. & W. 244. (3) 3 Drew, 523. (4) 4 App. Cas. 311. (5) 3 App. Cas. 1124. (1) 3 App. Cas. 1124. (2) [1901] 1 Ch. 543. (3) 4 A. C. 311. (4) 4 Taunt. 511. (5) 10......
-
Viscount Massereene v Alexader Finlay
...& Fin. 555. Ogilvie v. FoljambeENR 3 Mer. 53. Huddleston v. Briscoe 11 Ves. 583. Boydell v. DrummondENR 11 East, 142. Hughes v. ParkerENR 8 M. & W. 244. 496 CASES AT LAW. E. T. 1850. Queen's Bench VISCOUNT MASSEREENE v. ALEXANDER FINLA Y. (Queen's Bench.) April 17. In an action SPECIAL Assu......