James Tanner against John Aloysius Christian
| Jurisdiction | England & Wales |
| Judgment Date | 23 January 1855 |
| Date | 23 January 1855 |
| Court | Court of the Queen's Bench |
English Reports Citation: 119 E.R. 217
IN THE COURT OF QUEEN'S BENCH AND THE EXCHEQUER CHAMBER
S. C. 24 L. J. Q. B. 91; 1 Jur. N. S. 519; 3 W. R. 204. Applied, Paice v. Walker, 1870, L. R. 5 Ex. 177; Ogden v. Hall, 1879, 40 L. T. 751.
james tanner against john aloysius christian. Tuesday January 23d, A written agreement was expressed to be made " Between C. for and on behalf of N., of the first part, and T. of the second part." By it " C., on the part of" N., agreed to let to T. certain premises for a term of years, T. paying rent to "C. for the use of" N. No auction to be held on the premises without the "consent in writing of C. on the part of" N. T. to take a lease, and execute a counterpart thereof " when called upon to do so by C. on the part of " N. C. signed this is his own name. N. did not sign it. - In an action by T. against C. for not completing the lease, - Held : that it sufficiently appeared to be the intention of the parties that C. should himself contract ; and that therefore he was personally liable. [S. C. 24 L. J. Q. B. 91 ; I Jur. N. S. 519 ; 3 W. K. 204. Applied, Paice v. Walker, 1870, L. R. 5 Ex. 177; Ogden v. Hall, 1879, 40 L. T. 751.] First count : That the plaintiff, at the time of the making of the agreement hereinafter mentioned, was occupying a certain messuage, being the messuage and premises with the appurtenances in the said agreement mentioned, and was desirous of obtaining a lease of the said messuage and premises with the appurtenances for a term of years, and of expending a large sum of money in repairing and improving the same; of all which premises the defendant had notice: and thereupon, after 1st October 1845, an agreement in writing was made and signed by plaintiff and defendant. The agreement waa then set out in base verba. " Memorandum of agreement, made this 16th day of December 1848, between John Aloysius Christian, of number 16 Saint [592] Mary Abbotts Terrace, parish of Saint Mary Abbotts Kensington, in the county of Middlesex, for and on the part of the Reverend Edward Norris, of tbe first part ; and James Tanner, of number 23 Fetter Lane, parish of Saint Dunstan's in the West, in the city of London, in the county of Middlesex, Hair-dresser, of the second part. The said John Aloysius Christian, on the part of the said Edward Norris, agrees to let, and the said James Tanner agrees to take, All that messuage or tenement with yard and outbuildings, situate and being " number 22 Fetter Lane, city of London, " as at present in his occupation, for and during the term of thirty years from Christmas next, paying unto the said John Aloysius Christian, for the use of the said Edward Norris, the yearly rent or sum of 401. per...
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