Warren v Richardson

JurisdictionEngland & Wales
Judgment Date03 May 1830
Date03 May 1830
CourtExchequer

English Reports Citation: 159 E.R. 881

IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER

Warren
and
Richardson

Referred to, Darlington v. Hamilton, 1854, Kay, 550; 2 Eq. R. 906. Followed, Simpson v. Sadd, 1854, 4 De Gex, M. & G. 673. Referred to, Sheard v. Venables, 1867, 36 L. J. Ch. 924; Waddell v. Wolfe, 1874, L. R. 9 Q B. 521. Applied, Harnett v. Baker, 1875, L. R. 20 Eq. 55. Referred to, Best v. Hamand, 1879, 12 Ch. D. 5; In re National Provincial Bank of England and Marsh, [1895] 1 Ch. 190

REPORTS of CASES ARGUED and DETERMINED in the COURT of EXCHEQUER in EQUITY; from Trinity Term, 11 GEO. IV. to Michaelmas Term, 2 WILL. IV., both inclusive. By EDWARD YOUNGE, Esq., of the Middle Temple, Barrister-at-Law. Vol. I. London, 1833. [1] reports of cases argued and determined in the court of exchequer in equity. warren v. richardson. May 3rd, 1830.-In a suit for the specific performance of an agreement to accept a lease, the Court, considering the defendant (the intended lessee) by his conduct to have waived all objections to the vendor's title, decreed a specific performance of the agreement; and referred it to the Master to settle the lease. In settling the lease it became necessary, for identifying the premises, to produce before the Master the original lease under which the plaintiff was entitled to the property, and from which lease it appeared, that the property in question was held, with other property, at one entire rent, and under some special covenants, no provisions with respect to which was made in the agreement between the plaintiff and the defendant.-On the hearing, for further directions, these facts being brought before the Court in the shape of exceptions to the report, it was held, that though the defendant had, by his conduct, waived his right to the production of the lessor's title, yet, as, in the course of the proceedings, it had become necessary to produce that title, and that production shewed that a sufficient lease could not be made to the defendant according to the agreement, the Court would not enforce a specific performance, and the bill was dismissed, but without costs. [Referred to, Darlington v. Hamilton, 1854, Kay, 550; 2 Eq. R. 906. Followed, Simpson v. Sadd, 1854, 4 De Gex, M & G. 673. Referred to, Sheaid v. Fenables, 1867, 36 L. J. Ch. 924; Waddell v. Wolfe, 1874, L. R. 9 Q B. 521. Applied, Harriett v. Baker, 1875, L. R. 20 Eq. 55. Referred to, Best v. Hamand, 1879, 12 Ch. D. 5 ; In te Nat-ional Provincial Bank of England and Marsh, [1895] 1 Ch. 190 ] In October, 1825, the plaintiff and defendant entered into and signed the following agreement:- "Memorandum.-3rd October, 1825, Mr. William Warren, of No. 1 Upper Lark Hall Place, in the parish of Clapham, in the county of Surry, agrees to let the house in which he at present resides; and Mr. Henry Richardson, of No. 31 Chancery Lane, in the liberty of the Rolls, in the county of Middlesex, agrees to take the above house, [2] on the following terms, viz.:-Rent, sixty guineas per annum, payable quarterly. Term, twenty-one years, from Michaelmas last, the time to be allowed for till possession is given. The stock and crop of the garden and any fixed improvements to be left at the end of the term. The usual covenants to be inserted in the lease The tenant to pay for the lease and counterpart Tenant's fixtures to be taken by appraisement in the usual way. The winter stock of vegetables to be included in the valuation." On the 3rd December following the defendant entered into possession...

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