Payne v Burridge
| Jurisdiction | England & Wales |
| Judgment Date | 01 May 1844 |
| Date | 01 May 1844 |
| Court | Exchequer |
English Reports Citation: 152 E.R. 1391
EXCH. OF PLEAS.
S. C. 13 L. J. Ex. 190. Distinguished, Tidswell v. Whitworth, 1867, L. R. 2 C. P. 335. Followed, Thompson v. Lapworth, 1868, L. R. 3 C. P. 158; Budd v. Marshall, 1880, 5 C. P. D. 490; Brett v. Rogers, (1897) 1 Q. B. 525. Referred to, Farlow v. Stevenson, (1900) 1 Ch. 128.
payne v. burhidge. Exch. of Pleas. May 1, 1844.-By a local act, the commissioners appointed thereby were authorized to pave and flag footways, and the costs thereof were to be paid by the tenants or occupiers of the houses next adjoining; in default whereof, they were to be recovered by distress. Another clause empowered the tenant to deduct the costs so paid by him out of his rent: -Held, that this charge was within the terms of a covenant in a lease subsequently made, whereby the tenant covenanted to pay all taxes, rates, duties, levies, assessments, and payments whatever, which were, or during the term might be rated, levied, assessed, or imposed on the premises. [S. C. 13 L. J. Ex. 190. Distinguished, Tidswell v. Whitwortk, 1867, L. R. 2 C. P. 335. Followed, Thompson v. Lapwrrth, 1868, L. E. 3 C. P. 158; Build v. Marshall, 1880, 5 C. P. D. 490; Brett v. Rogers, [1897] 1 Q. B. 525. Referred to, Farlow v. Stevenson-, [1900] 1 Ch. 128.] Debt. The declaration stated a demise by the plaintiff to the defendant of a 1392 PAYNE V. BUR RIDGE 12M.&W.728. messuage and premises for the term of twenty-one years, at the yearly rent of 100, and alleged as a breach the non-payment of half a year's rent. Plea, as to the residue of the sum of 50, (after a plea of payment into Court as to parcel), that the said demised premises were, and still are within the town of Leamington, in the county of Warwick, and within the limits of a cer [728]-t;un act of Parliament (stating it) for paving and flagging the streets, &c. of the said town ; that the commissioners appointed under the said act of Parliament paved, flagged, &c. th$ footways adjoining to the said demised premises, and required the defendant, as th$ occupier thereof, pursuant to the said act, to pay the costs and charges thereof; tlult such cos^s and charges amounted to a large sum of money, exceeding the said residue o thtj said sum of 50 ; that the defendant paid to the said commissioners thq said sum jf money, and, in pursuance of the said act, retained the said residue of th$ said sum 0f 50 out of the said arrears of rent in the declaration mentioned. Implication...
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