Parker v Taswell
| Jurisdiction | England & Wales |
| Judgment Date | 28 May 1858 |
| Date | 28 May 1858 |
| Court | High Court of Chancery |
English Reports Citation: 44 E.R. 1106
BEFORE THE LORD CHANCELLOR LORD CHELMSFORD.
S. C. 27 L. J. Ch. 812; 6 W. R. 608; 4 Jur. (N. S.), 183, 1006. Followed, Martin v. Smith, 1874, L. R. 9 Ex. 52. See Ball v. Bridges, 1874, 30 L. T. 431. Followed, Zimbler v. Abrahams [1903], 1 K. B. 577.
[559] parker v. taswkll. Before the Lord Chancellor Lord Chelmsford. /o/i ò- i (£-. '^ -i -t. May 27, 28, 1858. '/7 I - a/'C, , [S. C/27 L. J. Ch. 812; 6 W. R. 608; 4 Jur. (N. S.), 183, 1006. Followed, Martin v. Smith, 1874, L. R. 9 Ex. 52. See Ball v. Bridges, 1874, 30 L. T. 431. Followed, Zimtter v. Abrahams [1903], 1 K. B. 577.] The Act 8 & 9 Viet. c. 106, s. 3, does not prevent an instrument which (as containing words of present demise and not being under seal) is void as a lease from being used as an agreement. Where terms for letting farms provided that all materials required for buildings proposed to be built, or that might thereafter be built, should be led at the expense of the tenant; that the landlord should drain, the tenant leading tiles ; that gates, buildings, " &c.," should be left in repair by the tenant, the landlord finding new gates when required; that the landlord reserved to himself all customary rights and reservations, such aa liberty to cut and plant timber, search for and work mines or minerals, " &c," allowing the tenant for any reasonable damage: Held, that these stipulations did not render the agreement uncertain, so as to be incapable of being enforced specifically. Although specific performance of an agreement may not be enforced against a 2DEC. &J.MO. PARKER V. TASVVELL 1107 Defendant who reasonably misunderstood its terms, a mere case of inadvertent omission to propose an intended term is different; and therefore where an occupant of land under an expiring tenancy had always paid the tithe rent-charge, and afterwards entered into a written agreement with the landlord for a lease at the old rent, but without any stipulation being introduced as to the tithe rent-charge: Held, that the landlord could not insist on such a stipulation being inserted as a condition of specific performance being enforced against him. This case came on upon an appeal and cross-appeal from the decree of Vice-Chancellor Stuart directing the specific performance of the following agreement:- " Conditions of Letting Wether Hill and Moory Farms in the Parish of Winstone and County of Durham. " An agreement made between John Wood, of Stanwick Park, Yorkshire, agent for and on behalf of George Morris Taswell, Esq., of St. Martin's, Canterbury, of the one part, and Bobert Parker the younger, of Wether [560] Hill, and Robert Parker the elder, of Kerry Hill, both in the county of Durham, of the other part. " The said John Wood agrees to let, and the said Robert Parker, jun., and Robert Parker, sen., agree to take for a term of ten years, commencing at May Day 1856, the farms above mentioned and now in their occupation. "The rent for the first five years ending May Day 1861, in consideration of the extra leading for new buildings, to be £240 per annum; and the remaining five years, ending May Day 1866, to be £270 per annum, to be due at Michaelmas and Lady Day, and paid half-yearly in the middle of March and September respectively, except the last half-year's, which must be paid previous to the tenancy expiring. " The leading of all materials required for buildings proposed to be built, or that may hereafter be built, or for the repair of buildings, to be done at the expense of the tenant. " The whole of the old grass land to remain and be left in the grass, excepting No. 8 on the plan, which has to be ploughed out; and the north side of No. 26, now in tillage, to be laid to permanent pasture, being first well cleaned, limed and sown with turnips, to be eaten on the land with sheep, the landlord to find the seeds. "The tillage land on the north side of the railway to be cultivated under a five-course system, viz., oats, fallow, wheat, to be sown with seeds, and clover, and to be pastured two years; the remaining part of the tillage land to be cultivated according to good husbandry, but [561] in no case shall two white crops in succession be taken off any portion of the land. " The tenant to lead not less than sixty loads of clod lime in each year, to be applied to the fallow and turnip land as it may come in course. " No hay, straw or turnips to be sold off the farms, but the whole to be consumed and properly converted into manure for the use of the said farms ; and the last year of the tenancy all manure made after the 23d day of November to be left for the use of the landlord or succeeding tenant. " The landlord to drain, the tenant leading tiles and paying five per cent, per annum upon all sums so expended. " New hedges to be made and planted by the landlord, the tenant to keep them clean and properly protected. "Gates, buildings, &c., to be left in repair by the tenant, the landlord finding new gates when required. "The seeds and clover to be sown in the spring of the year preceding the expiration of the tenancy, to be allowed and paid for by the landlord or succeeding tenant; provided the same shall not have been eaten after the corn has been cut. " The landlord or succeeding tenant to have liberty to sow with seeds and clover that portion which comes in course in the spring of the last year before the expiration of the tenancy, to harrow or roll in the same, provided it can be done without injury to the outgoing tenant. " The landlord reserves to himself all customary rights and reservations, such as liberty to cut and plant timber, [562] search for and work mines or minerals, &c., allowing the tenant for any reasonable damage that may accrue. 1108 PARKER V. TASWELL 2DEO.&J. 563. " The tenant to be entitled to an away-going crop of corn, amounting to two-fifths of the tillage land on the north side of the railway, and to one-half of the tillage on the south side, exceptng from the field marked No. 8 on the plan, which muat be subject to the amount laid to permanent pasture in lieu thereof. " eobeht parker, jun. " egbert parker, sen. "JOHN WOOD, Agent for and on behalf of G. Morris Taswell, Esq. "Darlington, December 24th, 1855." Mr. Parker the younger had been in possession of the farms since the year 1850, under an agreement which had expired before the date of the agreement now in...
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Mexfield Housing Co-Operative Ltd v Berrisford
...contracts of men as framed. The final outcome of Browne v. Warner in Chancery is unknown. The dispute was probably settled. 21 Second, Parker v. Taswell (1858) 27 LJ (Ch) 812. In 1855, by a written agreement signed by his agent, Mr Taswell purported to let two farms to Mr Parker for a term ......
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