Woodward v Gyles

JurisdictionEngland & Wales
Judgment Date11 January 1690
Date11 January 1690
CourtHigh Court of Chancery

English Reports Citation: 23 E.R. 686

HIGH COURT OF CHANCERY

Woodward
and
Gyles

Cf. collected cases in note to Fox v. Scard, 1863, 33 Beav. 329.

[119] de term. S. hillarii, 1690, in curia cancellaria Case 118.--woodward versus gyles. [Cf. collected cases in note to Fox v. Scard, 1863, 33 Beav. 329.] Die Sabbati, 11 Jan' [1690]. Lords Commissioners Maynard, Keck, and Rawlinson. In a lease for years of land, lessee covenants not to plow pasture land, and if he does, then to pay after the rate of 20s. per ann. for every acre plowed. The court will not grant injunction against the tenant's plowing; for the parties themselves have agreed the damage, and set a price for plowing. Nor will the court relieve the lessee against the penalty, if he plows. Mr. Hellier moved for an injunction to stay waste in plowing. The case was, that the plaintiff let a farm to the defendant at an annual rent, and part of it being pasture land, the defendant covenants amongst other things, not to break up or plow any part of it, and if he did plow any part of it, that he would pay after the rate of twenty shillings per acre per ann. Per Cur. The parties themselves have here agreed the damage, and have set a price for plowing, and therefore will not grant any injunction, and declared if the defendant was plaintiff against paying twenty shillings per acre for plowing, they would not relieve him.(l) (1) Et vide Rolfe v. Peterson, 6 Bro. Parl. Ca...

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10 cases
  • O'Neill and Others v Harris
    • Ireland
    • High Court
    • 27 June 1948
    ...a question of reasonableness, I would not decide the manner in which costs are to be awarded without hearing counsel for all parties. (1) 2 Vern. 119. (2) [1915] A. C. (3) [1929] N. I. 159. (4) [1939] 1 All E. R. 567. (5) [1937] Ch. 37. (6) [1938] Ch. 883. (1) 2 Dr. and War. 269. (2) L. R. ......
  • Coles v Sims
    • United Kingdom
    • High Court of Chancery
    • 16 January 1854
    ...a remedy, which excludes the interference of this Court, by entering into the covenant respecting liquidated damages. Woodward v. Gyles (2 Vern. 119), Shackle v. Baker (14 Ves. 468), Rolft, v. Peterson (2 Bro. P. C. (Toml. edit.}, 436). The following cases were also referred to :-Sainter v.......
  • Sainter v Ferguson
    • United Kingdom
    • High Court of Chancery
    • 5 November 1849
    ...the Defendant; Ex parte, Dicknon (1 Rose, 98); it not being possible to sever the damages from the costs. The cases of Woodward v. G-i/ks (2 Vern. 119), Lowe v. Peers (4 Burr. 2225), Rolfe v. Peterson. (2 Bro. P. C. (Tom." ed.), 436), Simian v. Walter (1 Bro. C. C. 418), were referred to, a......
  • Smith v Ryan
    • Ireland
    • Exchequer of Pleas (Ireland)
    • 8 February 1844
    ...7 B. & Ald. 692. Rolfe v. Peterson 2 Br. P. C. 436. Aylett v. DoddENR 2 Atk. 238. Benson v. GibsonENR 3 Atk. 395. Woodward v. GylesENR 2 Vern. 119. Astley v. Weldon 2 B. & Pul. 350. French v. Macale 2 Dr. & War. 269. Gerrard v. O'Reilly 2 Con. & Lau. 165. Kemble v. FarranENR 6 Bing. 148. Re......
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