Agreement for a lease for five years, from the 1st of April 1840, the landlord undertaking to erect, by that time, a new warehouse, on part of the ground to be demised, and to put the old warehouse in repair, the amount of rent to be determined with reference to the amount of the landlord’s expenditure on the buildings. The new building was not erected, nor the old warehouse repaired, on the 1st of April, but no objection was made by the intended lessees, who then occupied part of the premises under a former agreement, and shortly afterwards the whole premises were destroyed by fire. in such circumstances.
Held: Upon a Bill filed by the landlord, for specific performance of the agreement, and for the defendants to rebuild the premises, and to accept a Lease; that it was a condition precedent that the premises should be put in repair before the lease was granted, and that, as the landlord had not performed his engagement within the time limited, the contract could not be enforced in equity, and the Bill dismissed.
[1845] EngR 489, (1845) 5 Moo PC 83, (1845) 13 ER 421
Commonlii
Canada
Landlord and Tenant
Updated: 13 December 2021; Ref: scu.303631