In a lease of land for twenty-one years from the 25th of March, 1848, it was covenanted that the lessee should pay a stipulated sum for the first year,-with proviso that the rent for each subsequent year of the term should be reduced or increased according to ‘the average price of wheat in any one year of the said term,’ such average ‘to be taken and ascertained from the then current year’s averages which were taken in the month of January in every year under and by virtue of the tithe-commutation act, 6 and 7 W. 4, c. 71, s. 56,’-which is the result of the sales ‘during seven years ending on the Thursday next before Christmas Day then next preceding :-Held, that the rent must be computed according to such septennial average so published in each year.
Citations:
[1852] EngR 140, (1852) 11 CB 842, (1852) 138 ER 706
Links:
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 07 October 2022; Ref: scu.295263