Rankin v Lay
| Jurisdiction | England & Wales |
| Judgment Date | 28 May 1860 |
| Date | 28 May 1860 |
| Court | High Court of Chancery |
English Reports Citation: 45 E.R. 546
BEFORE THE LORD CHANCELLOR LORD CAMPBELL.
S. C. 29 L. J. Ch. 734; 6 Jur. (N. S.), 685; 8 W. R. 591.
[65] rankin v. lay. Before the Lord Chancellor Lord Campbell. May 26, 28, 1860. [S. C. 29 L. J. Ch. 734; 6 Jur. (N. S.), 685; 8 W. R. 591.] Where, in a suit for specific performance of an agreement for a farming lease, there is a conflict of evidence on the question whether the Plaintiff has committed breaches of covenant which would have created a forfeiture of the lease if granted, the Court will decree specific performance, directing the lease to be ante-dated, so as to enable the Defendant to try the question at law. But such a decree will not be made unless the conflict of evidence leaves it in doubt whether there has been any breach which would render it proper to refuse specific performance. A breach for that purpose must be serious and wilful. Import of a covenant to farm on the four-course system. This was an appeal from the decree of Vice-Chancellor Stuart, dated the 28th February 1860, for the specific performance on the part of the Defendant Sarah Lay, of an agreement to grant a lease of a farm to the Plaintiff. The agreement was in the following terms :- " Memorandum of an agreement made the 3d of October 1855, between Sarah Lay, of Wakes Colne, in the county of Essex, widow, of the one part, and Alfred Rankin, of Park Hall, Gosfield, in the said county, gentleman, of the other part. "The said Sarah Lay agrees to let, and the said Alfred Rankin to hire, from the 29th day of September last, the messuage, farm and lands now in the occupation of a DE O. F. A * H, RANKIN" V. L A Y 54? the said Sarah Lay, as devisee for life thereof under the will of her husband the late Mr. Robert Lay; the term of years to be twelve, provided the said Sarah Lay shall so long live, and provided no forfeiture of the copyholds be incurred ; the rent to be 220 per annum payable half-yearly, subject to the following reduction, that is to say, the rent to be .210 per annum, in case the average price of wheat for the pre ceding year shall have been 14 per load at Colchester Market, and a reduction to 200 per annum if such average shall have been under 12 a load. The repairs to be done by the tenant, the landlady finding rough materials. With regard to repairs now wanted, it is understood between [66] the parties that the said Sarah Lay shall, at her option, either do the same forthwith, or allow the said Alfred Rankin such a sum of money as shall be agreed on by the parties about to value on behalf of the landlord and tenant. The said Alfred Rankin to reside in the farmhouse, and to farm the lands in a good and husbandlike manner on the four-course system, and not to break up any pasture; and with regard to the pasture land hereby let, it is under stood that the same is so let subject to any existing common rights. The said Alfred Rankin to consume all hay, straw, and clover and green crops on the said premises, and to spread the manure arising therefrom on such portion of the land as most requires it; nevertheless it is understood that the said Alfred Rankin may sell oft' part of the hay, provided the value thereof be expended in the purchase of oil cake or other food to be fed out by cattle on the premises, or in the purchase of artificial manure of like value. And it is mutually understood that, on the termina tion of the tenancy, a valuation shall be made between the parties hereto, or their representatives, in the same manner as at the commencement thereof. The tenant not to cut down or injure any timber or other trees, but to be allowed to lop and top the pollards in the customary manner. The tenant to be at liberty to kill game. The said Sarah Lay to have a right of entry at all reasonable times, and for any reasonable purpose. Each of the parties agree, at the request of the other, to execute any document that can be reasonably required for giving greater effect to these presents. Witness the hands of the respective parties the day and year first...
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Blackett v Bates
...relief on the ground of breach of covenant, unless a serious breach is found ; Lillie v. Lecjh (3 De G. & J. 204), Rankin v. Lay (2 De G. F. & J. 65), Parker v. Taswell (27 L. J. Ch. 812). [The Vice-Chaucellor referred to Ogden v. Fossick (11 W. E. 128).] 602 BLACKETT V. BATES 2H.&M.613. Mr......