Page v Broom
| Jurisdiction | England & Wales |
| Judgment Date | 03 July 1840 |
| Date | 03 July 1840 |
| Court | High Court of Chancery |
English Reports Citation: 49 E.R. 15
ROLLS COURT
Distinguished, Worley v. Frampton, 1846, 5 Hare, 566.
[36] page v. broom. March 21, July 3, 1840. [Distinguished, Worley v. ft-amplon, 1846, 5 Hare, 566.] Parties having an equitable estate only, agreed to grant a lease to A. B., which was to contain special covenants both on the part of the lessors and lessee. The intended lessors died before the lease had been granted, and their interest became vested in bankrupt assignees and an heir at law, against whom a decree for specific performance was made. Held, that receiving the benefit of the lessee's special covenants the assignees and heir were themselves bound, to the extent of their interest in the property, to enter into the special covenants which the original intended lessors had contracted to enter into. In this ease, the Plaintiff had been declared entitled to the specific performance of an agreement for a lease against parties claiming under the intended lessors, and who respectively filled the characters of heir and bankrupt assignees, and the question was, whether such assignees and heir were bound to enter into any other covenants with the lessee, than the usual trustee covenant that they had not incumbered. The circumstances under which the question arose were as follows. (See the case as reported in 4 Russ. 6; 2 Russ. & M. 214; and 4 Clark & Fin. 399.) In June 1806, Thomas Willows was entitled in fee to Saville House and its appurtenants, in Leicester Square, subject to a conveyance thereof previously made to Robinson and Townes for securing the repayment of 6000 to Thomas Wright, and subject to such payment [37] on trust to convey the same to Thomas Willows and his heirs. In the month of June 1806, the mortgage was paid off as to 3000, one moiety thereof by Miss Linwood, and as to the other moiety by John Broom and Herbert Broom; and by deeds dated the 26th and 27th days of June 1806, the legal estate was conveyed by Robinson and Townes to Richard Samuel White and Richard Rosser, who became the trustees thereof to secure the payment of 3000 and interest to Miss Linwood, the sum of 1500 to John Broom, and the further sum of 1500 to Herbert Broom ; the equity of redemption remained vested in Thomas Willows in fee. At this time an agreement was made between Thomas Willows, the mortgagor, and Miss Linwood and the two Brooms, his mortgagees, that Miss Linwood should occupy a portion of the property as an exhibition room, and that another portion of the property should be demised to and occupied by the Brooms as carpet dealers; and many alterations of the premises being required, the Plaintiff was requested and he agreed to perform the various works, on terms which were expressed in certain articles of agreement, dated the 27th of June 1806; and by these articles, and in consideration of Page's covenants and agreements, Willows, Miss Linwood, and the Brooms, with the approbation of White and Rosser the trustees, agreed with Page that they would, as soon as the buildings therein mentioned should be erected, execute to Page a lease of a part of the property, subject to the reservations therein mentioned, to hold for forty-nine years from the 29th of September then next at a rent of 40s. payable to White and Rosser; and it was agreed that the lease should contain covenants on the part of Willows for quiet en-[38]-joyment and insurance ; and that the top of the roof of any buildings, to be built opposite to the lights of the building to be erected as therein mentioned, should not be raised higher than ten feet below the top of the ceiling of such last-mentioned buildings; and that no erection or roof should, during the term, be erected that should approach nearer than twenty feet to the 16 PAGE V. BROOM S BBAV. 39. building thereby agreed to be erected. The agreement provided several other special covenants to be entered into by Willows for the purpose of securing to the other parties the accommodation and advantages which they required, and Page agreed to execute the works therein mentioned on the terms set forth; and by the same agreement, Page agreed that when the lease to him should be executed, he would grant to Miss Linwood a lease of the rooms and apartment which she was to have, for forty-eight years and three-quarters, wanting ten days, from the 25th of December then next, at the yearly rent of 250, and subject to the stipulations therein mentioned; and that he would...
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Sir Lumleysaint George Skeffington, Baronet, - Appellant; Thomas William Budd, Charles Hayward Budd, William Davis, Benjamin Shaw, William Green, Charles Green, Henry Green, Thomas King Creak, William Thompson, Robert Farrand, Geo. Barclay Mansel, Oliver Vile, Thomas Hutchings Whitehurst, Abraham Wilday Robarts, Harvey Combe, and William George Prescott, Esqs., - Respondents
...D. and D'Gex, 29; Clough v. Dixon, 10 Sim. 564; Nicholson v. Hooper, 4 Myl. and C. 179; Lay v. Duckett, Cr. and Ph. 305; Page v. Broom, 3 Beav. 36. 409 IX CLARK & FINNELLY, 245 SKEFFINGTON V. BUDD [1842] possess himself of the property for the purpose of administering it among creditors, bu......
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Worley v Frampton
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