Payne v Haine
| Jurisdiction | England & Wales |
| Judgment Date | 10 February 1847 |
| Date | 10 February 1847 |
| Court | Exchequer |
English Reports Citation: 153 E.R. 1304
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 16 L. J. Ex. 130. Approved, Easton v. Pratt, 1864, 33 L. J. Ex. 233; 10 Jur. (N. S.) 732; 9 L. T. 841; 12 W. R. 805. Proudfood v. Hart, 1890, 25 Q. B. D. 51. Applied, Saner v. Bilton, 1878, 7 Ch. D. 822; Pontifex v. foord, 1884, 12 Q. B. D. 156; Cutton v. Bennett, 1884, 26 Ch. D. 167; Lister v. Lane, [1893} 2 Q. B. 212. Referred to, In re Gaskell's Settled Estates, [1894] 1 Ch. 485; Jacob v. Down, [1900] 2 Ch. 156; In re London Corporation; London Corporation v. Great Western and Metropolitan Railways, [1910] 2 Ch. 317.
payne v. haine. Feb. 10, 1847. - Defendant, on becoming tenant to plaintiff of a farm and out-buildings, agreed to keep the same, and at the expiration of the tenancy to deliver up the same, in good repair, order, and condition. Breach, that he did not keep and deliver up the farm, &c., in good repair, &c. : - Held, that, on this contract to keep the premises in good repair, the tenant was bound to put them in that condition, and that the tenant was not justified in keeping them 16 M. &W.M2. PAYNE V. HATNE 1305 in bad repair because he found them in that condition ; but the extent of that repair was to be measured by their age and class. [S, C. 16 L. J. Ex. 130. Approved, Eauton v. Pratt, 1864, 33 L. J. Ex. 233 ; 10 Jur. (N. S.) 732; 9 L. T. 841; 12 W. R. 805. Pmudfoot v. Hart, 1890, 25 Q. B. D. 51. Applied, Saner v. Billon, 1878, 7 Ch. D. 822 ; Pontvfex v. Foirrd, 1884, 12 (),. B. D. 156 ; Cotton v. Bennett, 1884, 26 Ch. D. 167 ; Lister v. Lam, [1893] 2 Q. B. 212. Referred to, In re GaskeU's Settled Estates, [1894] 1 Ch. 485 ; Jacob v. Dmmi, [1900] 2 Ch. 156 ; In re London Corporation; London Corporation v. Great Western and Metropolitan Railways, [1910] 2 Ch. 317.] Assumpsit, The declaration stated, that the defendant, on &c., became tenant (to the plaintiff of a certain farm, out-buildings, &c., on the terms, amongst others, that he should pay all rates and taxes iti respect of the said farm, &c., and should "keep the same, and at the expiration of the said tenancy should deliver up the same, in good repair, order, and condition." Breach, that the de-[542]-fendant did not pay the taxes, and did not keep the farm, outbuildings, iv,c., and at the expiration of the tenancy deliver up the same, in good and sufficient repair, order, and condition. Pleas, as to the sum of 61. 6s. Id., payment of that sum on account of the income-tax; 2nd, as to the residue, payment of 1151...
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