Kelly, Appellant, Webster, Respondent
| Jurisdiction | England & Wales |
| Judgment Date | 11 May 1852 |
| Date | 11 May 1852 |
| Court | Court of Common Pleas |
English Reports Citation: 138 E.R. 912
IN THE COURT OF COMMON PLEAS
S. C. 21 L. J. C. P. 163; Jur. 838.
[283] cases argued and determined in the court of common pleas, in easter vacation, in the fifteenth year of the eeign of queen victoria. The judges who sat in banco during this vacation, were,-Maule, J., Cresswell, J., Williams, J., and Talfourd, J. kelly, Appellant, webster, Respondent. May 11, 1852. [S. C. 21 L. J. C. P. 163; 16 Jur. 838.] In consideration that A., who was tenant of a messuage and premises under a parol agreement for a seven years' lease, would give up the immediate possession thereof 12C.B. 284. KELLY V. WEBSTER 913 to B., in order that B. might enter thereon as tenant, and also as a compensation for certain improvements made by A. on the premises, and for the value of certain articles left thereon by A.,-B. agreed to pay A. 1001.-A. accordingly relinquished and gave up possession of the premises to B., who was thereupon accepted as tenant from year to year, at a different rent from that formerly paid by A.; and B. afterwards, in part performance of the agreement on his part, paid A. 511.-In an action brought by A., in the county-court, to recover the balance of the 1001.,-the judge ruled that the contract in respect of which the plaintiff sued was not a contract for the sale of an interest in or concerning lands, within the 4th section of the 29 Car. 2, c. 3 :-The court, on appeal, reversed his decision. This was an appeal against a decision of the judge of the county-court of Yorkshire, holden at Leeds. The action was brought to recover 491., stated in the plaintiff's particulars of demand annexed to the summons, to be due to him from the defendant for " balance due to me from you of a sum of 1001., in consideration of my giving up possession to you of a messuage or dwell-[284]-ing-house and premises situate in Wellington Street, Leeds, on the 6th of July, 1850, and for the valuation of certain Venetian blinds, passage-lamp, and partitions therein contained, and certain papering, painting, and other improvements made by me in the said house." The facts, as proved at the trial, were, that the defendant occupied, as yearly tenant, a house on the south side of Wellington Street, in Leeds, which he kept and used as a beer-shop. The landlord, being desirous of pulling down the house, gave the defendant notice to quit it. The plaintiff occupied, as a private dwelling-house, a house on the opposite side of the same street, at a rental of 361. per annum, as tenant to one James Holdforth, under a parol agreement for a lease for seven years, commencing in July, 1849 : but no lease was ever executed. In or about the month of May, 1850, the plaintiff, being desirous to quit the last-mentioned house, the defendant applied to the plaintiff to let him have the same. The plaintiff thereupon wrote to Mr. Holdforth...
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