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to the Lords in Parliament, his dismission was reversed, and a building lease decreed (a).

If there be a parol agreement for a lease for twenty-one years, and lessee enter and enjoy for several (as for example, six) years, he shall not, upon a bill brought to compel him to execute a counterpart for the residue of the term, plead the statute (b).

For an agreement, though not in writing, being executed on one part and an enjoyment accordingly, equity will not avoid it, as it has been already carried into execution (c).

But (d) where a bill was by a tenant of a farm for a specific performance of a parol agreement for a new lease, stating improvements made at a considerable expense and continuance of possession after the expiration of the old lease, and payment of an increased rent under the agreement, the plea of the Statute of Frauds was ordered to stand for an answer, with liberty to except.

Bill for specific performance of a parol agreement for a lease within the Statute of Frauds charging possession taken under the agreement and other acts of part performance; plea of the statute and answer not denying the acts alleged as a part performance, but stating, that being advised that he entered as tenant at will, he gave notice to quit: plea overruled (e).

Though the agreement be by parol, yet if it be agreed to be reduced into writing, and part of the agreement is executed, but the reducing of it into writing is prevented by fraud, it may be good (f).

Therefore, an agreement to assign a term and goods, and that it should be put in writing, was decreed to be executed, it being part of the agreement, that it should be put in writing, and part of the money having been paid (g).

So, if a lease by A. to B. is agreed by parol, and drawn and ingrossed by the counsel of B. and afterwards executed by A. it shall not be avoided by B (b).

Bills were to have an execution of parol agreements touching leases of houses, setting forth, that in confidence of these agreements, the plaintiffs had expended great sums about the premises; and it was alleged, that it was agreed, that the agreements should be reduced into writing: the defendant pleaded the Statute of Frauds. Lord King said, that the difficulty was, that the act makes void the estate, but does not say that the agreement itself shall be void; and therefore, he thought, that if that subsisted so as to entitle the party to

(a) Pyke v. Williams. 2 Vern. 455. 1 Eq. Cas. Abr. 21.

(b) Earl of Aylesford's Case. 2 Str. 783. (c) Prec. Chan. 519.

(4) Wills v. Stradling. 3 Ves. 378.

(e) Bowers v. Cator.
4 Ves. 91.
(f) 1 Eq. Cas. Abr. 19.

(g) Hollis v. Whiting. 1 Vern. 151.
(4) Sir Jo. Lowther v. Carrill. Ib. 221-2.

damages at law, it might be decreed in equity, and directed that point to be tried; but as to the improvements made, his Lordship was clearly of opinion that for such as were of use and necessity, and not merely for humour and fancy, the party was entitled to have satisfaction (a).

Lease was not decreed upon expenditure in repairs and improvements under an alleged agreement proved by one witness, the answer containing a positive denial of the agreement; which denial was also confirmed by circumstances. No relief upon general equity from expenditure under the observation of the landlord by a tenant, but not under any specific engagement or encouragement(b).

Where there is an agreement by parol, and part of it executed, equity will decree specific execution of the whole (c); but where there is an agreement by writing executed, evidence cannot supply any defect in that agreement, which was intended to be part of that agreement, but was not inserted in it: [unless, as is conceived, in case of fraud.]

So (d) if a bill is brought to carry into execution an agreement for the lease of a house, the defendant, the lessor, shall be admitted to parol proof that the plaintiff, who wrote the agreement, omitted to make the rent (which was reduced to 91. instead of 14. the former rent) payable, clear of all taxes.

Sealing is not necessary in order to bring an agreement out of the statute of Frauds (e).

A letter takes a parol agreement out of the statute: but wherever a letter is relied on as evidence of an agreement, it must be stamped before it can be read; it must also furnish the terms of the agreement, or must at least refer to some written agreement in which the terms are set forth (ƒ).

There have been cases where a letter written to a man's own agent, and setting forth the terms of an agreement as concluded by him, has been deemed to be a signing within the statute, and agreeable to the provision of it (g).

Therefore, (g) if there be a complete agreement in writing, and a person who is a party, and knows the contents, subscribes it as a witness only, he is bound by it, for it is a signing within the Statute of Frauds.

If there be an agreement for a lease in the county of N. where the lessor usually repairs, at 30l. per ann. without saying who shall re

(a) I Eq. Cas. Abr. 20.

(b) Pilling v. Armitage. 12 Ves. 78. (c) Binstead v. Coleman. Bunb. 65. (d) Berney v. Eyre. 3 Atk. 387-88.

(e) Prec. Chan. 17.

(f) Ford v. Compton. 2. Bro. R. 32 Seagood v. Neale. 1 Str. 426.

(g) Welford v. Beazely. 3 Atk. 503.

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pair, if it appear that the land is of greater value, it shall be decreed, that the lessee shall take a lease and do the repairs, and pay 30l. per ann, without deduction, except for taxes by parliament (4).

But though a formal mistake in a deed may be rectified by articles of which it purports to be an execution, essential additions cannot be made to a conveyance from articles of which it does not purport to be an execution: nor can the transaction be rescinded by the Court (b).

Effect of an indefinite representation by a vendor, as that a leasehold estate was nearly equal to freehold, being renewable upon a single fine, may, connected with certain circumstances, be fraudulent, and form a ground for rescinding the contract (c).

Where a proviso was in articles for the purchase of an estate, that if either party should break the agreement he should pay 100l, to the other, and the defendant on being offered two years' purchase more accepted it; notwithstanding that agreement Lord Hardwicke decreed a specific performance (d).

Specific performance of an agreement to build may be decreed if sufficiently certain; but a general covenant to lay out a certain sum in a building of a certain value cannot be so executed (c).

A. agrees for the lease of certain lands for three lives; the lease is prepared according to the agreement, except the insertion of a clause to restrain the tenant from alienation without the consent of the landlord: this clause being no part of the agreement, the landlord is bound to execute a lease without it (e).

On a covenant to build, the lessors are entitled to come into a Court of Equity for a specific performance, but not on a covenant to repair (f).

Specific performance may be decreed against one become a lunatic since the agreement, if the legal estate is in trustees (g).

In bills for specific performance, the Court never gives relief where the act is impossible to be done, but leaves the party to his remedy at law (b).

If an agreement be otherwise than certain, fair, and just in all its parts, the Court will not decree a specific performance (i).

Specific performance will not be decreed of an agreement to renew a lease in consideration of money previously laid out by the tenant; such promise is nudum pactum; nor will the case be varied by money having been expended by him after such promise.-But if previous to such promise, the tenant had signified his intention to lay out money,

(a) Burrel v. Harrison. 2 Vern. 231. (6) Mosely v. Virgin. 3 Ves. 184. (c) Fenton v. Browne. 14 Ves. 144. (d) Howard v. Hopkins. 3 Atk. 371. (e) Blacher v. Mathers, I Bro, Cas, in Parl. 334.

(f) City of London v. Nash. 3 Atk. 512. 15. Lucas v. Commerford. 3 Bro. R, 166.

(g) Owen v. Davies. 1 Ves. 82.
(b) Green v. Smith. 1 Atk. 572.
(i) Berney v. Eyre. 3 Atk. 387-88.

and on that consideration the promise had been made, a specific performance would be decreed (a).

Specific performance of articles to grant a lease to the plaintiff decreed, though he had contracted to under-let, contrary to those articles (b).

But the Court will not decree a specific performance of an agreement to grant a lease, if under a clause for re-entry, the lease, when granted, would be at an end by the tenant's acts; except on the ground of there having been a waiver of the forfeiture, and upon an undertaking to give possession when required by the Court, and to pay the rent due (c).

B. treats with A. for a piece of land, intending to build a mill, to which the consent of a corporation is necessary; but A. refuses to treat on condition; B. fails in obtaining consent: this failure in his speculation is no defence against a bill for specific performance (d).

A plea to a bill for a specific performance of an agreement for a lease to the plaintiff, and for an injunction against an ejectment, that the defendant had, since the filing of the bill, taken the benefit of an insolvent act, was over-ruled (e).

So the bankruptcy of a person who has agreed to purchase, does not discharge the contract. It must be a very strong case, however, that will induce the Court to carry into execution an agreement between landlord and tenant, the estate not being executed at law, where the person, who is to become the tenant, has become a bankrupt (ƒ).

So, the Court would not execute an agreement to grant a lease to a man who had committed felony (g).

An agreement may be decreed to be delivered up on the ground of surprise; neither party understanding the effect of it; as where there was an agreement for a lease, with a covenant for perpetual renewal, at a fixed rent, of premises held under a church lease, renewable upon fines, continually increasing. A single lease for 21 years was refused : no terms of agreement for such an interest appearing; and under the circumstances, permission to try the effect of it at law was also denied (b).

Bill for specific performance of an agreement to grant a lease to the plaintiff, would, on evidence of his fraud, misrepresentation, and insolvency, have been dismissed with costs, if not compromised (i).

A lessee's bill for the specific performance of an agreement was dismissed, his interest being described as 50 years, the residue of a

(a) Pengree v. Jonas. 2 Br. Ch. C. 140. 1 Eq. Cas. Abr. 18.

(b) Williams v. Sheney. 3 Ves. 59. (c) Gourlay v. The duke of Somerset. I Ves. & Beam. 68.

(d) Adams v. Weare. 1 Bro. 567.

(e) Minckwitz v. Udney. 16 Ves. 466.
(ƒ) Brooke v. Hewitt. 3 Ves. 253.
(g) Willingham v. Joyce. Ibid. 169.
(b) Willan v. Willan. 16 Ves. 72.
(i) Hallifax v. Wilson. 3 Ves. 168.

term free from incumbrances; but being, in fact, a few years only of an old term, and a reversionary term from another lessor, and old incumbrances not shewn (a).

A. being in insolvent circumstances, suffers another person to become the apparent owner of the farm (though under a secret trust for him). A. shall not have against the landlord a specific execution of an agreement made by him with the trustee, the landlord supposing the trustee to have been the rightful owner, and confiding in his solvency (b).

So, specific performance was not decreed where there was concealment on the part of the vendor (c).

Even where one party to an agreement trifles or shews backwardness in performing his part of it (d), equity will not decree a specific performance in his favour; especially if the circumstances and situation of the other party are materially altered in the mean time.

But the refusal of a tenant to execute a lease when tendered, declaring himself satisfied with the agreement, cannot be considered as repudiating the agreement, and is not a sufficient ground for refusing a specific performance (e).

Remedies at Law.-If either of the parties to an agreement for a lease refuse to perform the stipulations which it contains, besides the relief which a bill in equity for a specific performance may afford him, the party injured has one of two remedies at common law; namely, an action of debt, or covenant, if the agreement be by deed, or an action of debt, or special assumpsit, if it be either by writing without deed, or by parol, provided the contract be to be performed within a year from the making thereof (ƒ).

Covenant.-A covenant is the agreement or consent of two or more by deed in writing, sealed and delivered, whereby either or one of the parties doth promise to the other, that something is done already, or shall be done afterwards. He that makes the covenant is called the covenantor, and he to whom it is made, the covenantee (g).

An action of covenant lies when a man covenants with another by deed to do something and does it not; and it lies upon a covenant in any deed, whether indented or poll. But covenant does not lie upon an agreement without deed; but an action upon the case, except in London, where covenant lies without deed, by custom (b).

In covenant all is recoverable in damages, and those will be what the party can prove that he has actually sustained (i); therefore in

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