Knight v Bennett
| Jurisdiction | England & Wales |
| Judgment Date | 24 January 1826 |
| Date | 24 January 1826 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 552
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 11 Moore, 227; 4 L. J. C. P. (O. S.) 95.
knight v. benett. Jan. 24, 1826. [S. C. 11 Moore, 227 ; 4 L. J. C. P. (0. S.) 95.] Plaintiff entered a farm under an oral agreement for a lease for ten years ; though the time of paying rent was settled, it did not appear what was the amount to be paid; the lease was never executed ; but Plaintiff occupied according to the terms of the proposed lease, and paid a certain rent for two years :-Held, that the lessor might distrain. Replevin. Avowry, for two years' rent, payable half yearly, and due March 25th, 1824. To this the Plaintiff pleaded non-tenuit, and riens en arriere. There were other avowries for the same amount of rent payable yearly, to which the Plaintiff pleaded riens en arriere only, paying into Court a sum which would cover the alleged rent to Michaelmas 1823. At the trial before Graham B., Sussex Summer assizes [362] 1825, a witness proved that he had arranged the terms of a proposed lease between the Plaintiff and avowant for ten years from Michaelmas 1820, as to every thing but the amount of the rent; that he told the Plaintiff the rent was to be paid half yearly, at Lady-day and Michaelmas; and that in April 1821, the Plaintiff, who had entered on the occupation of the farm, had told him he should pay the Defendant half a year's rent in a few days. No lease was ever drawn up. Another witness proved that the Plaintiff had paid rent to Michaelmas 1822, corresponding with the amount specified in the avowry; and that in April 1824, he had promised to pay up to the preceding Lady-day. It was objected that the Plaintiff held only under an agreement for a lease, and not under any actual demise, and that there being no stipulation for the payment of a fixed rent, the avowant had no right to distrain. 3 BINO. 361 KNIGHT V. BENBTT 553 A verdict, however, waa found for the avowant, with leave for the Plaintiff to more to set it aside, and enter a verdict for the Plaintiff. Wilde Serjt., accordingly, in the last terra, obtained a rule nisi to this effect, on the authority of Hegan v. Johnson (2 Taunt. 148), and Hamertm v. Stead (3 B. & C. 478). Taddy Serjt., who shewed cause, suggested, that as the agreement was invalid under the statute of frauds, the Plaintiff became tenant from year to year, and by the payments he had made, had sufficiently fixed the amount of the rent to entitle the Defendant...
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