Wood v Lake

JurisdictionEngland & Wales
Judgment Date01 January 1790
Date01 January 1790
CourtCourt of the King's Bench

English Reports Citation: 96 E.R. 783

COURT OF KING'S BENCH

Wood
and
ers. Lake

Referred to, Wood v. Leadbitter, 1845, 13 M. & W. 848, n.; Wells v. Kingston-upon-Hull, 1875, L. R. 10 C. P. 410; M'Manus v. Cooke, 1889, 35 Ch. D. 687; Metropolitan Railway Company v. Fowler, [1892], 1 Q. B. 181.

wood vers. lake. A parol agreement for the liberty to stack coals upon the land is good for seven years. [Referred to, Wood v. Leadbitter, 1845, 13 M. & W. 848, n.; Wells v.'Kingstm-upon-Hull, 1875, L. R. 10 C. P. 410; M'Manus v. Cooke,' 1889, 35 Ch. D. 687; Metropolitan Railway Company v. Fowler, [1892], 1 Q. B. 181.] In a case reserved, in an action upon the case, it was stated ; that the defendant had agreed, by a parol agreement, that the plaintiff should have the liberty of stacking coals upon part of a close belonging to the defendant, for the term of seven years, and that, during this term, he should have the sole use of that part of the close, upon which he was to have the liberty of stacking coals; and that, after the plaintiff had, pursuant to this agreement, enjoyed the liberty of stacking coals three years, the defendant locked up the gate of the close. The question was, whether this agreement was good for seven years'? Lee Ch.J. and Denison J. were of opinion, that it was. And by them.-In the case of Webb v. Paternoster, Palm. 71, it is laid down, that the grant of a licence to stack hay upon land does [43 not amount to a lease of the land; and, although it be in that case said, that such a licence, provided the grant be for a time certain, is irrevocable, it by no means follows, that an interest in the land does thereby pass. As the agreement in the present case was...

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