The plaintiff began an action against the defendant for arrears of rent, and succeeded. Arrears developed again, and the plaintiff began this second action. The defendant now pleaded that the action was barred as having no sufficient memorandum to satisfy the Statute of Frauds.
Held: The plea was one which could have been raised in the first action, and judgment having been given, the defendant was estopped from raising that issue now.
Citations:
[1910] 2 KB 531, [1908-10] All ER rep 733, [1910] 79 LJKB 919, [1910] 103 LT 14
Jurisdiction:
England and Wales
Cited by:
Cited – Bank of Scotland v Wright ChD 1991
A director of two companies (one a subsidiary of the other) had given the bank a written guarantee of the liability of the holding company (only); but under an ‘interavailable’ facility backed by cross-guarantees (by the companies) the holding . .
Lists of cited by and citing cases may be incomplete.
Contract, Estoppel
Updated: 12 May 2022; Ref: scu.180647