Stroughill against Buck
| Jurisdiction | England & Wales |
| Judgment Date | 13 February 1850 |
| Date | 13 February 1850 |
| Court | Court of the Queen's Bench |
English Reports Citation: 117 E.R. 301
QUEEN'S BENCH.
S. C. 19 L. J. Q. B. 209; 14 Jur. 741.
[781] stroughill against buck. Wednesday, February 13th, 1850. By indenture between plaintiff and defendant, reciting, inter alia, that defendant had advanced money to 0. on the security of certain deeds, and that defendant was interested in those deeds to that extent, and that it had been agreed that plaintiff should make further advances to 0., and that defendant should assign the deeds and his interest therein to plaintiff as a security, defendant assigned them to plaintiff, and covenanted that the money so advanced to O. by defendant was due and unsatisfied to him. In an action on this deed, assigning as breach that the money was not due at the time of making the covenant: Held, that the recital, that the money had been advanced, was to be taken as the language of the defendant only, and did not estop the plaintiff from saying that it had not been advanced. Where a recital is intended to be an agreement of both parties to admit a fact, it estops both parties : but it is a question of construction whether the reeital is so intended. tfS8- Q--e - [S. C. 19 L. J. Q. B. 209; 14 Jur. 741.] Covenant. The declaration made profert of an indenture, of 29th June 1848, made between defendant of the first part, Richard Batley of the second part, and plaintiff of the third part, reciting, inter alia, a bond for 20001. dated 31st July 1846, made by one Ogle to Batley, for securing to Batley all such sums as he should advance as manager of improvements then contemplated on Ogle's estate, not exceeding 10001. ; a warrant of attorney, dated 1st August 1846, and a judgment of the Common Pleas entered up in pursuance thereof, on 4th August 1846, as a further security to Batley : reciting also articles of agreement of 1st August 1846, between Ogle of the first part, Batley of the second part, and defendant of the third part, by which articles (after stating an advance by the defendant to Batley with the privity of Ogle, of 1001. for the purpose of being applied to the improvements, and a contemplated advance from time to time by the defendant to Batley of other sums for the same purpose, on the security of an assignment of the bond and judgment) Ogle and Batley covenanted not to do anything to the estates without the defendant's consent: reciting also a deed of 1st August 1846, whereby they assigned the bond, warrant of attorney and judgment to defendant as a security for such sums as should be so advanced by defendant for that purpose ; [782] and covenanted with defendant to pay such sums : " And also therein" (in the indenture declared upon) "and thereby further reciting that the 302 STROUQHILL 1'. BUCK 14 J. B. 783. defendant bad, since the date of the said indenture of assignment, from time to time advanced, for the purposes therein recited, various suras amounting in the whole to 2691., and which were still owing to defendant, with interest thereon, upon and by virtue of the said recited security, and that defendant was interested in the said bond, warrant of attorney and judgment to the extent of the...
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Square Management Ltd v Dunnes Stores Dublin Company
...and therefore as not admitting of any contradictory proof.' Lord Maugham reviewed earlier jurisprudence including Stroughill v. Buck [1850] 14 Q.B.781 and approved the dictum in that case where it was held:- 'When a recital is intended to be a statement which all the parties to the deed hav......
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The Square Management Ltd v Dunnes Stores Dublin Company
...v. Barrett (1880) LR 15 Ch.D. 306. [5] Easterby v. Sampson (1830) 9 B&C 505. [6] Greer v. Kettle [1938] AC 156. [7] Stronghill v. Buck (1850) 14 QB 781. 62 For the reasons stated above, and consistent with applicable principle, the court turns to consider the recitals and operative text of ......