Wardfords Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1650 |
| Date | 01 January 1650 |
| Court | Court of the King's Bench |
English Reports Citation: 74 E.R. 862
King's Bench Division
Error.
862 GODDA _LIDS CASE OWEN, U. adjudged for the defendant, vide Dyer 2. Eliz. 180, 181. H. bargaines and sells land proviso, that if the vendor shall pay a hundred pounds to the vendee his heires or assignes, that then the bargaine and sale shall be void : by two justices. The tender shall not be made to the executors, because the law will not determine to whom the tendor shall be made, when the parties themselves are expresly agreed. MICH. 33 AND 34 Emz. IN Coal. BAN. GODDARDS CASE. Confirmation by the Lessor to the Assignee of Tenant for years. H. makes a lease for years of twenty acres, rewiring rent, the lessee grants all his estate in one of the acres to I. S. the lessor confirmes the estate of I. S. Resolved by the Court, 1, That by this confirmation the entire rent is gone in all the other acres, for being au entire contract and by his own act, there cannot be au occupation for part, and an extinguishment for the other part ; and in this case there is no difference between a suspension in part, and an extinguishment. If A. makes a lease for yeares of twenty acres, rendring rent, upon condition that if he does not do such a thing, that then the lease shall be void for ten acres : if he performes not the condition, and the lessor enters, the entire rent is gone. And it was resolved that a lease for years was not within the Statute of Quia Emptores Terrarum, for that statute extends to an estate in land of fee-simple. See the report of Serjeant Beulowes in 14 H. 7. A warren did extend into three parishes, and a lease was made for years rendring rent, and after the reversion was granted to another of all the warren in one of the parishes, and the lessee did attorne. The question was, if the lessor should have any part of this rent during the term, so that the rent may be apportioned or not. And the justices said in this case, that neither the grantor nor the grantee shall have any rent, for the law is, that no contract shall be apportioned. 2. It was resolved, that no lessor shall avow for the arrearages of rent, before the time of confirmation and extinguishment; for H. shall not avow for the rent determined ; but he may defend hituselfe by way of justification. See where a man may justifie the taking by special' evidence, 19 H, 6. 41. by all the Court, except Askew. [11] MICH. 33 AND 34 Eetz. IN BAN. REG. ROT. 471. WARDFORDS CASE. Haddock brought a writ of error...
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