Sharp v Rust
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1682 |
| Date | 01 January 1682 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 1276
IN THE KING'S BENCH.
mich. 2 cab. in the king's bench. shaep versus Ktrsx. In an action upon the case, upon an assumpsit between Sharp plaintiff, and Walter Eust defendant, upon non assumpsit pleaded, it was found for the plaintiff, and it was moved in arrest of judgment upon these words in the declaration, the defendant (being father to the plaintiff's wife, for whom the apparrel was bought) said to the plaintiff, deliver the apparrel to my daughter, and I will pay for them, and saith not to whom the pay-[182]-ment shall be made: and it was argued by Woobrich of Grays-Inne that this is no sufficient cause to stay the judgment, for by necessary implication and reference of words precedent, the certainty of the person appeareth to whom the payment ought to be made. And he observed that in our law the time, the estate, the thing, and the person not being sufficiently expressed, yet by necessary coherence and relation to matter precedent, they are sometimes made certain enough : 1. For the time, Perkins, p. 496. puts the rule, if a condition hath relation to an act precedent, and no time is limited when it shall be done, yet it ought to be done when the act precedent is done, and therefore if I. S. be bound to me in 201. upon condition but if I enfeoff him of Black Acre, that then he will pay me 101. &c. in this case presently when I have enfeoffed the obligor of Black Acre he ought to pay the 101. notwithstanding there be no time limited when it should be paid. 2. For the thing being put uncertainly, yet the communication precedent makes this certain, 30 H. 8. Dyer 42. in the case of the Executors of Greenliffe, where it is agreed, that albeit it is not shewn what thing is granted, yet it shall be the land of which the communication was. 3. For the estate, although it be incertain, yet sometimes it is made certain by POPHAM.183. BEVEN V. COWLING 1277 the matter precedent, as in the case, Co. lib. 8. A stewardship was granted for life, and afterwards an annuity was granted for the exercise of that office, without declaring what estate he should have in that annuity, and resolved that he should have the annuity for life, because he had the office for life. 4. For the person, the consideration sometimes ascertains the person, and therefore if land be given to one by deed, habendum sibi una cum Jilia donatoris, in frankmariage, this shall enure to both, because the feme is causa donationis, and by...
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