Brown v Holyoak: 1734

The plaintiff began an action of debt for rents upon a parol lease. The defendant had by his plea set off a debt by simple contract. On demurrer it was held that a debt of an inferior nature cannot be set off against a superior demand. The reason given was that debt for rent is equal to an action upon a bond. In other words, although the lease was a parole lease it was still equivalent to a specialty when suing for debt and the debt under a simple contract was not of equal degree and for that reason could not be set off.


(1734) Barnes 290


England and Wales

Cited by:

CitedBritish Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd ChD 19-Dec-1978
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence at law to a claim for unpaid rent; and where the tenant has suffered damage . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 23 November 2022; Ref: scu.247748