Plaintiff put up to sale by auction a lease of premises, which he occupied as assignee of the lease, stipulation not to produce any title prior to the lease. In an action against a purchaser for not completing his purchase, in which action Plaintiff declared he was possessed of the lease, Held, the Defendant having rejected the abstract, that Plaintiff was bound to prove the execution of the lease by calling the attesting witness, and that it was not sufficient to prove the assignment to Plaintiff.
Citations:
[1835] EngR 383, (1835) 1 Bing NC 421, (1835) 131 ER 1179
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Cited by:
Appeal from – Laythoarp v Bryant 30-Apr-1936
laythoarp_bryant1836
The Defendant purchased certain leasehold premises at an auction, and signed a memorandum of the purchase on the back of a paper containing the particulars of the premises, the name of the owner, and the conditions of sale: Held, that the Defendant . .
Lists of cited by and citing cases may be incomplete.
Contract, Landlord and Tenant
Updated: 02 May 2022; Ref: scu.315891