Tayler v Waters
| Jurisdiction | England & Wales |
| Judgment Date | 26 November 1816 |
| Date | 26 November 1816 |
| Court | Court of Common Pleas |
English Reports Citation: 129 E.R. 150
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 2 Marsh. 551.
150 TAYLER V. WATERS 7 TAUNT. 314. 3-3~- [374] taylek, . waters. Nov. 26, 1816. [S. C. 2 Marsh. 551.] A beneficial licence to be exercised upon land, may be granted without deed.- And without writing. - A licence to be exercised upon laud for twenty-one years, granted - for a valuable consideration, and acted upon, cannot be countermanded. - A party conveying tp trustees an estate in land, connected with an intricate establishment, which, after1 the conveyance, he continues to manage without their interference, held to have authority from the trustees to bind them and the land by all acts in the ordinary management of the establishment. The Plaintiff declared that on 19th March, 1779, William Taylor, then being sola proprietor of the Opera-house, or King's Theatre, in the Haymarket, and having full authority to grant and sell the ticket thereinafter mentioned, by indenture between him and Jacob Gourgas, in consideration of 2251. paid by Gourgas to Taylor, granted to Gourgas, his executors, administrators, and assigns, six silver tickets of admission to the Opera-house, or theatre, and gave and granted to the respective bearers thereof, to be admitted gratis into any part of the theatre, (the boxes and other places which were, or during the term should be occupied by sub ambers to the Opera, and the boxes reserved for the use of the proprietors and their assigns, excepted,) to be present at, and see all operas, exhibitions, and other public entertainments, (the concert of ancient muaic excepted,) there to be had during the respective terras of twenty-one years, or twenty-one seasons, from 24th June, 1797 ; which six silver tickets were then already made and engraved as in the declaration waa minutely described, one whereof waa numbered 471 ; to hold the same tickets with such free licence, &c. to Gourgas and his assigns, for the term of twenty-one years, or twenty-one seasons, and with power to sell such tickets, or either of them, and the licence, liberties, and privileges aforesaid, at pleasure : And Taylor for himself, his heirs, executors, administrators, and assigns, covenanted with Gourgas, and his assigns, that if either of those tickets should be at any time sold, then the purchaser might, upon surrendering the tickets so purchased, have a new ticket, to be made in his own name, upon payment of one guinea. And further, for defending the rights and privileges of Gourgas, or his assigns, holders or owners [375] of those six tickets, against all accidents by firo, or otherwise, whereby those tickets might be lost, &c. or rendered useless to the owners, that upon notice in writing to the treasurer, at the office of the theatre, of any such loss, whereby the owners of the tickets might be deprived of the use thereof, and upon authority given to stop such lost or missing ticket at the doors of the theatre, and to refuse admission to the bearer, the real owner or proprietor for the time being should be entitled to one personal admission in respect of each such missing ticket, for one month ; ar(d in case such lost ticket should not be produced, or appear at the theatre within the month, such proprietor should be entitled to a new ticket, for the residue of the term thereby granted, with all the privileges and advantages that the lost or missing ticket gave, or were annexed, or intended by that indenture so to be, paying for the same one guinea, and surrendering all right and interest under such former ticket, and authorizing the stopping and retaining the same, if thereafter it should be presented at the doors of the theatre : That on the I6th July 1799, the Plaintiff became the purchaser from Gourgas of the ticket numbered 471, and the lawful baarer thereof, and intitled to be present at, and sae all operas, exhibitions, and other public entertainments, (the concert of ancient music excepted,) there to be had during the residue of the respective terms of twenty-one years, or twenty-one seasons : That afterwards, on 1st November 1810, the Plaintiff lost the same ticket, and thereupon, on 29Dh December, the Plaintiff, in pursuance of the indenture, duly obtained a new ticket in lieu of the lost ticket, (and set out the description of it,) whereby the Plaintiff became and thence hitherto had been entitled to all the privileges and advantages that the lost ticket gave or intended to give...
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