ISBN: 9781153836913

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustra… Plus…

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 Excerpt: ...trustees: Dubois. 1874 Treloar v. Bigge. Law Reports, 9 Exchequer, 181. April 24, 1874. 151 treloar V. Bigge. Landlord and Tenant--Covenant not to assign--Arbitrary Refusal--Qualified Covenant. A lessee covenanted with the lessor not to assign the demised premises without the consent in writing of the lessor, such consent not being arbitrarily withheld; ami it was provided by the lease that if the lessee should assign the premises without the consent in writing of the lessor, but such consent is not to be arbitrarily withheld, the lessor might re-enter: Held, that there was no covenant by the lessor, either express or implied, not to refuse his consent arbitrarily, but that an arbitrary refusal would leave the lessee at liberty to assign without the lessor''s consent. Semljle, by Kelly, C.B., and Pollock, B. An arbitrary refusal is equivalent to an unfair and unreasonable refusal; and a refusal upon advice, though the grounds of refusal be not specified, is not arbitrary. Declaration that the defendant, by deed, demised to the fdaintiff premises at 67, Ludgate Hill, for twenty-one years, rom the 25th December, 1864, subject to a covenant that the plaintiff would not assign or underlet the premises, or any part thereof, without the consent in writing of the defendant, and that the defendant covenanted with the plaintiff that he would give such consent when the same should be reasonably required, and would not arbitrarily withhold the same; that the plaintiff was desirous of letting part of the premises, and applied for the defendant''s consent, and all conditions, &c, were fulfilled, yet the defendant refused bis consent and arbitrarily withheld the same. The defendant pleaded, denyi... Nathaniel Cleveland Moak, Books, Reference and Language, Reports Of Cases Decided By The English Courts Volume 9; With Notes And References To Kindred Cases And Authorities Books>Reference and Language The book has no illustrations or index. It may have numerous typos or missing text. However, purchasers can download a free scanned copy of the original rare book from the publisher's website (GeneralBooksClub.com). You can also preview excerpts of the book there. Purchasers are also entitled to a free trial membership in the General Books Club where they can select from more than a million books without charge. Volume: 9; Original Publisher: William Gould; Publication date: 1875; Subjects: Law reports, digests, etc;<