Sleap v Newman
| Jurisdiction | England & Wales |
| Judgment Date | 28 April 1862 |
| Date | 28 April 1862 |
| Court | Court of Common Pleas |
English Reports Citation: 142 E.R. 1087
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 6 L. T. 386.
12 C, B. (N. S.) 117. SLEAF V. NEWMAN 1087 v. newaian. April -28th, L862. [S. C. 6 L. T. 386.] Although, in respect of rent, the personal liability of an executor of a lessee (or years does not exceed the value of the demised premises, this qualification does not extend to a covenant for repairs. - Plea by an executor, that the demised premises had yielded no profit beyond what he had paid over to the lessor, that the premises came to him only as executor, and that he offered to surrender them before the breaches occurred, - Held (on the authority of Tremetm v. Morriion, 1 N. C. 89, 4 M. & Scott, 603), bad on demurrer. The declaration stated, that theretofore, to wit, on the 2nd of May, 18-18, hy an indenture then made between the plaintiff of the one part, and William Nawman of the other part, the plaiutift' let to the said William Newman certain messuages arid tenements, with the appurtenances, To hold from the 29th of September then last for twenty-one years ; and the said William Newman did thereby, for himself, his executors, administrators, and assigns, covenant with the plaintiff that he the said William Newman, his executors, adminis-[117]-trators, and assigns, should and would at all times thereafter during the said term, when and so often as need should be, at his and their proper costs and charges, well and sufficiently paint, whitewash, empty, cleanse, repair, support, and maintain in good and substantial repair, and keep the Baid messuages or tenements and other the premises thereby demised, and also once in every fourth year during the said term paint the external wood and ironwork of the said messuages or tenements thereby demised twice with good oil colour, and the inside thereof once in every seven years of the said term : that, by virtue of the said demise, the said William Newman afterwards entered into the said detnised premises and became and was possessed thereof for the said term so to him thereof granted as aforesaid ; and that afterwards all the estate and interest of the said William Newman of and in the said demised premises, by assignment thereof duly made, came to and vested in the defendant; whereupon the defendant then entered into and upon the said demised premises, and became and was possessed thereof for the residue of the said term, and continued so possessed thereof from thence hitherto : Breach, that the defendant did not, after she became assignee as aforesaid, well or sufficiently paint, whitewash, empty, cleanse, repair, support, or maintain or keep in good and substantial repair the said demised premises, but therein made default; nor did she once in every fourth year of the said term which elapsed after she became assignee as aforesaid paint the external wood or ironwork of the said messuages or tenements thereby demised with good oil colour, or the inside thereof once in every seven years of the said term which elapsed after she became assignee as aforesaid, hut therein made default; and the said demised premises were and are by the neglect, default, and [118] misuser of the defendant after she became assignee as aforesaid, out...
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De La Poer v Kirwan
...Saund. 7 b. Reid v. Tenterden 4 Tyrwh. 111. Remnant v. BremridgeENR 8 Taunt. 191. That was the case of an executor. Sleap v. NewmanENR 12 C. B. (N. S.) 116. Pleading Demurrer Action for rent against assignee Defendant sued as assignee Defending as heir. VoL. IX.] COMMON LAW SERIES. 519 DE L......