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England and Wales High Court (Queen's Bench Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Taylor v Heal  EWHC QB J100 (15 April 1591)
Cite as: 78 ER 478,  EWHC QB J100, Cro Eliz 222
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78 ER 478
Cro. Eliz. 222
Debt for rent reserved upon a lease for years. The issue being joined if the rent were paid or not, the defendant gave in evidence for part of the rent, that the plaintiff by covenant was to repair the house and did not, and that thereupon he expended part of the rent in repairing the house. The question was, if this evidence will maintain the issue?
GAWDY conceived it did, for the law giveth this liberty to the lessee to expend the rent in reparations, for he shall be otherwise at great mischief, for the house may fall upon his head before it be repaired ; and therefore the law alloweth him to repair it, and recoupe the rent. Vide 12 Hen. 8. Pl. 1, 12 Rich. 2, Barr. 242, 14 Hen. 4. pl. 27.
FENNER It is no evidence; for if the lessor will not repair it, he is to have his covenants against him.
CLENCH seemed he might well expend the rent in reparations, but he ought to have pleaded it, and cannot give it in evidence upon the general issue; and they thereupon moved the jury to find the special matter. And as to the residue of the rent, he shewed that he paid it to others that had rent-charges out of the lands, which the lessor had covenanted to pay, and that by the commandment of the lessor he paid the rent, in discharge of the said rents: and this was clearly held good ; for payment to another by the plaintiff's appointment, is payment to himself.