Mansell against Burredge and Roberts
| Jurisdiction | England & Wales |
| Judgment Date | 28 June 1797 |
| Date | 28 June 1797 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 1015
IN THE COURT OF KING'S BENCH.
[352] mansill against burredge and roberts. Wednesday, June- 28th, 1797. Two several tenants of a farm agreed with the succeeding tenant to refer certain matters in difference respecting the farm to arbitration, and jointly and severally promised to perform the award ; the arbitrator awarded each of the two to pay a certain sum to the third; held that they were jointly responsible for the sum awarded to be paid by each. [Willes, 254.] This was an action upon promises. The declaration stated that on the 23d of March, 1792, and for the space of three years before that time the defendant Burredge rented a farm called Llwydiarth Farm, and that the defendant Roberts rented it for the two following years, and quitted it on the 25th of March, 1794. That afterwards the plaintiff rented and occupied it until the making of the agreement hereafter mentioned. That disputes had arisen between the defendants and the plaintiff respecting the state of the repairs of the fences, &c. at the respectives times when the defendants severally quitted the farm, and that doubts had arisen whether the defendant, Burredge, left the same in proper repair, and also whether the defendant Roberts left it in repair, whereupon it was agreed, on the 13th of April, 1796, between the defendants and the plaintiff to refer all such disputes to the award of T. Simcocks ; that accordingly by an agreement in writing of that date between the defendant Burredge of the first part, the defendant Roberts of the second part, and the plaintiff of the third part, the said parties jointly and severally agreed to refer all matters in dispute between them or any or either of them to the determination of T. Simcocks; and the defendants thereby for themselves, their executors, &c. jointly and severally undertook, promised and agreed to and with the plaintiff that they and their and each of their executors would, on his and their respective parts, abide by, perform and keep the award of T. Simcocks, &c.; and the plaintiff undertook and promised to and with the defendants, jointly and severally, and their respective executors and administrators, to perform the award on his part. The declaration then stated that Simcocks made his award, &c. in which he directed' the defendant Burredge to pay 111. 4s. to the plaintiff on the 1st of August then next, and the defendant Roberts to pay him 131. Is. 6d. but...
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