Wilmot against Wilkinson
| Jurisdiction | England & Wales |
| Judgment Date | 18 May 1827 |
| Date | 18 May 1827 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 538
IN THE COURT OF KING'S BENCH.
S. C. 9 D. & R. 620; 5 L. J. K. B. O. S. 196.
WiLMOT against wilkinson. Friday, May 18th, 1827. Where, by an instrument in writing (not under seal), A., in consideration of 70001., agreed to present to a rectory, on the next avoidance, such person as B. should nominate, and to furnish an abstract and execute a conveyance of the next presentation to B.: Held, that this agreement did not require an ad valorem stamp. A. afterwards, with the assent of B., agreed to sell the next presentation to C., and to convey such title as he (A.) had received, in consideration of 75001., of which 5001. was to be paid to B. on a certain day. A. furnished an abstract of such title as he had, but C. refused to take it, and no conveyance was tendered to him. In an action by B. against C. for the 5001.: Held, that there was a sufficient consideration for C.'s promise to pay it, and that A. was not bound to make a marketable title, but only to convey such as he had received, and that as C. refused to accept that title, it was not necessary to tender a conveyance. [S. C. 9 D. & B. 620; 5 L. J. K. B. 0. S. 196.] Assumpsit on a special agreement, and the common money counts to recover 5001. and interest. Plea, the general issue. At the trial before Lord .Tenterden C.J., at the sittings after Michaelmas term 1825, a verdict was found for the plaintiff subject to the following case : On the 22d of March 1824, an agreement in writing was made between Messrs. Goodacre and Buzzard and the [507} plaintiff as follows: " Agreement between the undersigned M. Buzzard, on behalf of himself and his partner John Goodacre, and their respective heirs, executors, and administrators, of the one part; and the undersigned Edward Coke Wilmot, on behalf of himself and his heirs, executors, and administrators, of the other part, as follows: In consideration of the sum of 70001. of lawful money of Great Britain to be paid in manner hereinafter mentioned, he the said M. Buzzard doth hereby, for himself and his said partner J. Goodacre, agree to present such person to the rectory of Presteigne, in the county of Eadnor, vacant by or immediately upon the death, resignation, or sooner determination of the incumbency of the present incumbent, with all the great and small tithes, oblations, &c. as be the said Edward Coke Wilmot, his executors, &c. shall nominate or appoint: and further, that M. Buzzard shall...
To continue reading
Request your trial
-
Minn v Stant
...to be considered a mortgagee of the property, and, as such, liable to account for the difference between (1) See Wilmot v. Wilkinson, 6 B. & C. 506; Freme v. WrigU, 4 Mad. 364; Molloy v. Sterne, 1 Dru. & Walsh, 585; Duke v. Burnett, 2 Coll. 337 ; Smith v. Capron, 7 Hare, 191. 15BBAV.no. MIN......
-
Duke v Barnett
...so as to preclude the purchaser from setting up an objection to it, however valid : Freme v. Wright (4 Madd. 364), Wilmot v. Wilkinsm (6 B. & C. 506), Spratt v. Jeffrey (10 B. & C. 249). They also contended that the title in this case was perfectly good, as the parcels, if any, which were o......
-
Seaton v Mapp
...1839, that being the lease intended by the word " lease " in the fifth condition. And upon this point they cited Wilmot v. Wilkinson (6 B. & C. 506), Spratt v. Jeffery (10 B. & C. 249), Fretme v. Wright (4 Madd. 364), Duke v. Burnett (ante, p. 337), and CaMell v. Correll (3 Y. & C. 413; 4 M......
-
Leathem v Allen
...LEATHEM and ALLEN. Wood v. machuENR 5 Hare, 158. Freme v. WrightUNK 4 Mad. 364. Wilmot v. WilkinsonENR 6 B. & C. 506. Baxter v. ConollyENR 1 Jac. & W. 576. Spratt v. JefferyENR 10 B. & C. 249. Mortlock v. Buller 10 Ves. 306; 13 Ves. 77. Spunner v. WalshUNK 10 Ir. Eq. Rep. 386; S. C. 11 Ibid......