WALSH v. LONSDALEВ[1882 Watts. 1127. ]
This is certainly one of the most frequently cited government bodies on the a result of the Judicature Acts in terms of the fusion of legislation and equity is concerned. Basically the question upon whether the defendant could bring a legal cure (distress) regarding a rent which earlier would have recently been regarded as equitable only (effectively an agreement to grant a lease instead of one in proper legal form). Facts: TheВ Defendant on the 29thВ of May 1879, agreed to grant and the Individual to accept a lease of any mill for seven years at the rent of 30s. В aВ year for each and every loom work, the Individual not to run less than 540 looms. The lease to contain such stipulations while were put in a specific lease of-the 1stВ of May, which was a lease for a fixed rent made payable in advance, and contained a stipulation that there should certainly at all times always be payable ahead of time on require one whole year's hire in a addition to the percentage, if any, of the annually rent credited and unpaid for the period previous to this kind of demand. The Plaintiff was let in to possession and paid hire quarterly, not in advance, right down to the 1stВ of January, 1882, inclusive, having run in 1881 560 looms. In March, 1882, the Accused demanded payment of ВЈ1000 14s. 840 as one entire year's rent for 560 looms by 30s., and ВЈ165 since the in proportion part of the lease from the 1stВ of January last), and put in a. distress. The Plaintiff whereupon commenced his action to get damages to get illegal stress, for an in- and for specific performance, and moved for an injunction. Fry, J., naturally the injunction on the terms of the Plaintiff payingВ theВ intoВ Court. The Individual appealed. JESSEL, M. Ur.
It is not important on the present occasion to determine finally the particular rights from the parties happen to be. If the The courtroom sees there is a fair problem to be decided it will take secureness so that the get together who in the end succeeds may be in the right position. Fit one of several nicety. There is certainly an...