Jackson v Cobbion, Clerk
| Jurisdiction | England & Wales |
| Judgment Date | 25 June 1841 |
| Date | 25 June 1841 |
| Court | Exchequer |
English Reports Citation: 151 E.R. 1259
EXCH. OF PLEAS.
S. C. 1 Dowl. (N. S.) 96; 10 L. J. Ex. 389.
[790] jackson v. cobbin, Clerk. Exch. of Pleas. June 25, 1841.-A declaration in assumpsit stated, in substance, that the defendant agreed to let, and the plaintiff to take, a certain messuage and premises on certain specified terms, and that afterwards, in consideration of the premises, and that the plaintiff, at the request of the defendant, had promised the defendant to perform his part of the agree-merit, the defendant promised the plaintiff to perform his part of the agreement, and that he then had power to let the messuage and premises to the plaintiff without restriction as to the purpose for which the same should be used and occupied :-Held, on special demurrer, that such a promise could not be implied from the relation of the parties, and that the consideration alleged was insufficient to sustain it. [S. C. 1 Dowl. (N". S.) 96; 10 L. J. Ex. 389.] Assumpsit. The declaration stated, that the plaintiff, for divers, to wit, two years Before, and;atthe time of the making of the agreement and promise by the defendant tjhereinafteij mentioned, had been and was tenant to the defendant of a certain iiessuage aid premises in the said agreement also mentioned, and which said messuage and premises had been and were during all that time held, used, and occupied by the plaintiff as such tenant as aforesaid, for the purpose of carrying on therein the trade and business of a retailer and dealer in beer, and the plaintiff, during all that time, (lid carry on therein the said trade and business, and the plaintiff had expended clivers monies, to wit, to the amount of 100, in and about purchasing the good-will of the Slid business, when he, the plaintiff, first became such tenant as aforesaid; and the plaintiff waa thereupon desirous, at the time of the making of the agreement thereinafter mentioned, of becoming tenant to the defendant of the said messuage and premises as next thereinafter mentioned, for the purpose of carrying on therein the same trade and business ; of all which premises the defendant, before and at the time of the making of the agreement and promise by the defendant thereinafter mentioned, had notice; and thereupon afterwards, to wit, oh the :24th of December, A.D. 183S, by a certain agreement in writing then made by and between the defendant and the plaintiff, and signed by the plaintiff and defendant respectively, the defendant agreed, in consideration of the rent and conditions thereinafter mentioned, to let to the plaiiitiff, for the term of three years from the 25th of December then instant, the said messuage and premises, at the yearly rent of 441. 10s., free and clear of all deductions for sewers' rate, land-tax, arid all other rates and taxes, whether parliamentary or parochial, which silid rent of [791] 441. 10s. was to include the use and reasonable wear of the several fixtures and fittings contained in the schedule thereto, signed by the defendant and the plaintiff; the said rent to be paid quarterly, and the first payment thereof to be 1260 JACKSON V. COBBIN 8M. &W. 792. made on the 25th of March next ensuing the date of the said agreement; and further, in consideration of the plaintiff putting the aforesaid messuage and premises in good and tenantiible repair, and of keeping and delivering up the same, at the end or sooner determination of the said term of three years, together with the said several fixtures and fittings, in as good plight and condition as they then were (reasonable use and wear thereof only excepted) ; and also that no alteration should be made by the plaintiff, and that none of the fixtures and fittings before mentioned...
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