Aprii, 1, 1899.
THE ESTATES GAZETTE
522
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SUPREME COURT OE JUDICATURE.
LONDON AND BERKSHIRE.
Wm. R. NICHOLAS & Co. Anctioneeri & Estate Agents, Blagrave Street, Reading, & 60, Pall Mall, S.W
COURT OF APPEAL.
March 24.
(Before Lord Justice A. L. Smith, Lord Justice Collins, and Lord Justice Romes.)
COVENANT NOT TO SUB-LET: ALLEGED BREACH: FORFEITURE.
EASTERN TELEGRAPH COMPANY (LIMITED) V. DENT AND OTHERS.
This was an appeal by the defendants, Sir Alfred Dent and Edward Dent, from the judgment of Air. Justice Kennedy at the trial of the action without a jury. The action was brought to recover possession of certain offices at No. 11, Old Broad-street, E.C., for breach of covenant not to sublet without the plaintiffs' consent. The defendants had before 1889 been tenants to the plaintiffs of certain rooms at No. 11, Old Broad-street, and Messrs. Bum and Berridge, a firm of solicitors, were also tenants of the plaintiffs of other rooms in the same building. In April, 1889, a new lease was granted by the plaintiffs to the defendants for a term of 37^ years, less 20 days, to commence on Alarch 25, *1889, at the yearly rent of £620. This lease comprised the whole of the first floor, two rooms on the third floor, and one room on the fourth floor. The ground floor of the building was occupied by the plaintiffs. Messrs. Bum and Berridge occupied the whole of the second floor, and they also had a room on the third floor. The lease to the defendants contained a covenant by them “ not to underlet, assign or part with the possession of the said rooms or offices or premises, or any part thereof, to any person or persons without the consent in writing of the company for that purpose first obtained, such consent not to bei unreasonably withheld ” ; and there was a proviso for re-entry upon breach of any of the covenants. In Alay, 1889, the defendants, with the consent of the plaintiffs, sublet a room on the third1 floor to an Amsterdam tobacco company. At the end of 1897, or beginning of 1898, Alessrs. Burn and Berridge applied to the defendants for a portion of this room, and the defendants, having made arrangements with the tobacco company, erected a partition to divide the room into two parts, so arranged that one part could only be approached from Alessrs. Burn and Berridge's offices in the adjacent room by a door cut at the cost of the latter firm. This part was let to Alessrs. Bum and Berridge without the consent of the plaintiffs being asked for. On January 14, 1898, Messrs. Bum and Berridge ■wrote a letter in which they put on record the terms of the agreement, stating that the term was to commence from the date of giving them possession. Messrs. Bum and Berridge wont into occupation, and thereupon ■the plaintiffs pointed out that their consent to the subletting had not been asked or obtained, adding that they would have been glad to have the •room for themselves. Immediately upon this Messrs. Bum and Berridge cancelled the agreement to sublet. The plaintiffs brought this action. Mr. Justice Kennedy held that there had been a subletting, that Messrs. Burn and Berridge were desirable tenants, and that the plaintiffs could not have refused their consent if it had been asked, but he held upon the authority of “ Barrow v. Isaacs” (1891, 1 Q.B., 417) that a breach of covenant had been committed by the defendants, for which the plaintiffs could enforce their right of re-entry, and that he could not give equitable relief against the forfeiture. He accordingly gave judgment for the plaintiffs, hut without costs.
Air. Dickens, Q.O., and Air. Aluir Mackenzie, for the defendants, contended that there was no breach of covenant. The covenant against underletting ,was not an absolute covenant. It was not an absolute covenant to apply for the consent of the plaintiffs before underletting. The application for the consent was only required where the plaintiffs could have refused it. Here the plaintiffs could not have refused their consent. The first part of the covenant was qualified by the second part. That was in accordance with the law laid down by the Court of Appeal in “ Hyde v. Warden ” (3 Ex. D., at p. 81). The decision of the Court of Appeal in “Barrow v. Isaacs” (1891, 1 Q.B., 417) was in the contrary direction, but in that case “Hyde v. "Warden” was not properly considered by the Court.. They referred upon this point to “Treloar v. Bigge ” (L.R., 9. Ex., 151), “Bates v. Donaldson” (1896, 2 Q.B., 241), and “ Burford v. Unwin ” (1 Cab. and Ell., 495). Secondly, if there was a breach of covenant, the Court ought to grant relief on the ground of “mistake.” A Court of Equity would grant relief in such a case. Lord Esher’s view in “ Barrow v. Isaacs,” that forgetfulness was not a ground of relief, was not adopted by Lord Justice Kay, who based his decision upon this point upon another ground. There was not, however, mere forgetfulness in the present
Preliminary Notice.
GLENHAVEN, ELSTEEE, HERTS.
Within three minutes of Elstree Station on Midland line.
MESSRS. WM. R. NICHOLAS and CO. 1YJ_ will Sell by Auction (unless previously sold privately)., at the Mart, Tokenhouse-yard, E.C., on Friday, June 9, 1899, at Two o’clock, m One or more Lots, that delightful old-fashioned PROPERTY, known as Glenhaven, comprising the residence, together with lawns, kitchen garden, paddock and five large glasshouses.
Particulars of sale will be ready shortly, and all information obtained of the Auctioneers, Blagrave-street, Reading, and 60, Pall Mall, London, S.W.
Preliminary Notice.
THE UPPER LINK ESTATE, HURSTBOURNE, HANTS, situate in a favourite district between Basingstoke and Andover, and comprising a very choice farm of some 345 acres.
MESSRS. WM. R. NICHOLAS and CO.
i-Y-L (in conjunction with Messrs. FREDERICK ELLEN and SON, of Andover) will Sell the above by Auction (unless previously sold privately), in One or more Lots, at the Mart, Tokenhouse-yard, London, E.C.
Particulars may shortly be obtained of the Auctioneers, Blagrave-street, Reading, and 60, Pall Mall, London, S.W.
Preliminary Notice.
PRESTWOOD, BUCKS,
Within two miles of Great Missenden Station, and
four of High Wycombe, 600ft. above sea level.
M־
.
known as Knives Farm, comprising about 100 acres (including a valuable wood of beech and oak, about 25 acres). Capital house, homestead and two cottages, also some choice Building Sites.
Particulars and conditions! may shortly be obtained of Edward Parker, Esq., solicitor, Thame, Oxon; and of the Auctioneers, Blagrave-street, Reading, and 60, Pall Mall, S.W.
CHADLINGTON, OXFORDSHIRE, situate three miles
from Chari bury and four miles from Chipping
Norton Stations.
1X/TESSRS. WM. R. NICHOLAS and CO.
ILL have received instructions to Sell by Auction (unless previously disposed of privately), early in the Spring, the delightful FREEHOLD PROPERTY, known as The Cottage Chadlington It contains eight bed and dressing rooms, bath room, three reception rooms, large hall, and good domestic offices, etc.; capital stabling; the grounds are exceedingly picturesque, and include tennis lawn, well-stocked kitchen garden, with range of glasshouses, etc. Seven Cottages, small farmery, and paddocks, in all about 6£ acres.
Further particulars will appear in due course, and may meanwhile be obtained of the Auctioneers, Blagrave-street, Reading, and 60, Pall Mall, S.W.
DEVONSHIRE.
MESSRS. HUSSEY & SON
(Established over a Century), Auctioneers, Estate Agents, Agricultural, Tenant-Right, Timber and other Valuers,
EXETER, DEVON.
Stock, Timber, and all Classes of Sales and Valuations undertaken on Moderate Terms. Telephone : No. 21, Exeter.
TO BE SOLD.
TXOCKBEARE, DEVON.—-Highly desirable, Xi compact, Grazing and Freehold Dairy Farm, known as Upcott, consisting of 40 acres of excellent watered meadow, old pasture and productive orchard land, with a very convenient substantially built residence, and the necessary outbuildings, in a good state of repair.—For further particulars apply to Messrs. Hussey and Son, auctioneers., etc., 14, Queen-street, Exeter.
WOODBURY, DEVON.—Close to the rail-
VV way station.—A well-situated Freehold Farm, known as Exton, comprising an excellent farmhouse and suitable premises, barn, stabling, cow houses, piggery, garden, and about 80 acres of pasture, orchard and arable land, the greater portion of which is well suited for building purposes, and has many eligible sites thereon. Freehold price £3,500. —For further particulars apply to Messrs. Hussey and Son, auctioneers, etc., 14, Queen-street, Exeter.
TAXETER.—Desirable Freehold Residence, -Ei known as No. 28, West Southernhay, Exeter, until recently in the occupation of Dr. L. H. Tosswill, containing, on the top floor, two attic bed rooms, box room; on the second floor, two bed rooms, dressing room, w.c., and hot and cold water supply; on the first floor, drawing room, with balcony, bed room; on the ground floor, entrance hall, dining room, morning room, lavatory, and w.c. In the basement schoolroom, kitchen, housemaid’s pantry, scullery, wine, coal, and wood cellars. Outdoors, larder and servants’ w.c. Gas and water are laid on and electric light. In the rear is a garden with a back entrance, and the occupier has the joint right of using the pleasure ground in front of the houses. Rent £63. Price £1,100,—For further par-ticulars apply to Messrs. Hussey and Son. as above.
BIRMINGHAM.
GRIMLEY & SON, F.S.I.,
Auctioneers. Surveyors and Estate Agents.
Bale of Freehold and) Leasehold Residences, at
EDGB ASTON, MOSELEY and BLOSSO MFIELD,
SOLIHULL; and Weekly Leasehold Properties, in
BIRMINGHAM.—To be Sold by Auction, by
MESSRS. GRIMLEY and SON, on Thurs-
i-Yi. day, April 20, 1899, at the Grand Hotel, Colmore-row, Birmingham, at Seven o’clock to the minute: —
HARBORNE-ROAD, EDGB ASTON.
Lot 1.—(By direction of T. A. Lines, Esq., who is leaving the neighbourhood).—A singularly attractive and well-planned modern FAMILY RESIDENCE, in the best part of Harborne-road, Edgbaston, and known as Linslade, with stabling, carriage house, conservatory, garden, tennis lawn, etc. The house is of red' brick, it has an attractive half-timbered elevation, and was erected, regardless of cost, from designs by Mr. W. Henman, F.R.I.B.A. The interior is artistically arranged on two levels, and tastefully decorated; the fitments have been specially designed and the work executed by Messrs. Chamberlain, King and Jones. There are four reception rooms, billiard room, and1 seven bed rooms, and the domestic accommodation is all that could/ be desired.
The property is Leasehold for about 91 years, at a ground rent of £12 10s. per annum. The situation, although so near to and convenient for access to town, is very open and) healthy, and the property forms one of the most complete and desirable residences in Edgbaston.
Further particulars in future advertisements.
WELLINGTON-ROAD, EDGBASTON.
By direction of the owner, who is removing.
Lot 2.—A pleasantly situated FAMILY RESIDENCE, known as Laurisdale, Wellington-road, Edgbaston, with possession.
The above residence is in first-class order and repair, and has been decorated in a most artistic and costly manner for the present owner. Leasehold for an unexpired term of about 39 years. Ground rent £1 13s. 7d.
The premises may be viewed from Three to Six each afternoon by card! to be obtained of the Auctioneer.
BLOSSO MFIELD, SOLIHULL.
Lot 3.—A Freehold, double-fronted detached RESIDENCE, standing* in its own grounds, known as Inglewood, Shir iey-ro act", Blossomfield, near Dingle-lane, within about 12 minutes’ walk of Solihull Railway Station. The residence is set well back from the road, with double drive and well-shrubbed garden in front.
The property has a frontage of 40yd!s. 2ft. 3in., and contains 6,780 square yard:־!, or thereabouts.
Possession will be given on completion of purchase.
EDGBASTON-ROAD, MOSELEY (Corner of Cromer-road).
Lot 4.—A substantially built, double-fronted, attractive, modern FREEHOLD RESIDENCE, known as Avalon, situate at the corner of Edgbaston-road and Cromer-road, Moseley (in the occupation of the owner, who will give possession).
ELLIS-STREET (corner of Gough-street).
Lot 5.—A substantially built LEASEHOLD CORNER PROPERTY, Nos. 20, 21, 22, 23, 24 and 25, Ellis-street, and1 No. 31. Gough-street•, consisting of Seven front Dwelling Houses, with the yard and out-oifices thereto, in the occupation of weekly tenants, at rents amounting to £115 14s. per annum.
Leasehold for a term having 71 years unexpired from May next. Ground rent £15 3s. 4d. per annum.
This property is situate in a well-letting neighbourhood1, always commanding respectable tenants, some of the present occupiers (having lived in the houses for upwards of 30 years, and■ the tenants of Nos. 21 and 25 undertake their own repairs.
HEMLEY-STREET, GRAFTON-ROAD and PORT HOPE-ROAD, SPARKBROOK.
PORT HOPE-ROAD.
Lot 6.—Two well-built front DWELLING HOUSES, Nos. 3 and1 5, Port Hope-road, in the occupation of weekly tenants, at rents amounting to £39 13s. per annum, with the large gardens and outbuildings thereto.
Leasehold for an unexpired term of about 80 years, subject to a ground rent of £5 10s.
PORT HOPE-ROAD and HENLEY-STREET.
Lot 7.—Well-built LEASEHOLD PROPERTY, comprising the double-fronted! Dwelling House, No. 1, Port Hope-road, and Six other Dwelling Houses, Nos. 26, 28, 30, 32, 34 and 36, Henley-street, with the private yards, gardens and out-offices thereto, and joint use of party passage in the rear, let to weekly tenants at rents amounting to £149 10s. per annum.
Term unexpired about 80 years. Ground rent £17 10s.
HENLEY-STREET.
Lot 8.-Five similar DWELLING HOUSES, Nos. 38. 40, 42, 44 and 46, Henley-street, with the private yards, gardens and outbuildings thereto, let to weekly tenants, at rents amounting to £106 12s. per annum.
Term unexpired! about 80 years. Ground rent £12 10s.
GRAFTON-ROAD.
Lot 9.—A well-built DWELLING HOUSE, No. 3 Grafton-road, Sparkbrook. ripe for conversion into retail shop, with the private yards and out-offices thereto, let on weekly tenancy, at a rent amounting to £20 3s. per annum.
Term unexpired about 80 years. Apportioned ground rent £3.
Lot 10.—Two well-arranged DWELLING HOUSES, Nos. 5 and 7, Grafton-road!, with the outbuildings and large gardens thereto, let to weekly tenants at rents amounting to £39 13s. per annum.
Term unexpired about 80 years. Ground rent £5 10s.
Solicitors: Lot 1, Messrs. Johnsons and Co.. 36. Waterloo-street; Lot 2. Mr. Alfred Gough. Edmund-street; Lot 3. Messrs. Lord and Parker, Worcester; Lot 4, Messrs. Hargreaves and Heaton, Waterloo-street; Lot 5, Mr. A. Hodges, 44. Waterloo-street; Lots 6, 7, 8 9 and 10, Messrs. Ansell and Ashford, 38, Bennett’s-hill.
SHEFFIELD, YORKSHIRE and DERBYSHIRE.
NICHOLSON, GREAVES, BARBER, and HASTINGS,
Estate & General Auction Mart, 2, HIGH STREET,
By order of Mortgagees.
ALEXANDRA HOTEL, NORTH CLIFF
XX	SCARBOROUGH.
To be Sold by Auction, by Messrs. NICHOLSON, GREAVES. BARBER and HASTINGS, at the Balmoral Hotel, Scarborough, on Tuesday, April 4, 1899, at Four p.m. precisely, subject to the General Conditions of Sale of the Sheffield District Incorporated Law Society and the Special Conditions of Sale, to be then produced, the commodious and welbarranged FREEHOLD FAMILY and! COMMERCIAL HOTEL, known as
THE ALEXANDRA HOTEL, with tennis ground, stabling, and vacant land, suitable for extension purposes, the whole having two frontings of about 220ft. and! 200ft. respectively to Queen’s-parade, North Cliff, Scarborough.
The hotel contains, in the basement, three beer and wine cellars; on the ground floor, spacious entrance hall, with, principal staircase, four sitting rooms, billiard room, and reading room, new dining and recreation hall, with stage 60ft. by 26ft. 6in.; offices, public and private bars, smoke room, with kitchens, larders, pantries, lavatories, store room, and back staircase; on the first floor, four private sitting rooms, 11 bed rooms, bath room, and w.c., and1 two housemaid’s closets; on the second floor, two private sitting rooms, 18 bed rooms, bath room, and w.c.., and two housemaids’ closets ; on the third floor, 24 bed rooms !and two housemaids’ closets; and on the fourth floor, 24 bed rooms, and two housemaids’ closets.
The hotel is conveniently arranged and well lighted, and as a summer resort the situation is most attractive, having extensive and uninterrupted sea and land view?. The hotel is capable of accommodating comfortably upwards of 100 visitors, and at the height of the season as many as 150 visitors have been accommodated.
The stabling, which is situate close to the hotel in North Marine-road, comprises two two-stall stables, with loose boxes, saddle room, and two double coach-blouses, with large open yard and manure pit.
The Scarborough Corporation have recently developed the north side by forming Clarence Gardens and The Royal Albert Drive, and •have made improvements to the North Pier. These alterations have considerably enhanced the value of this property, and the new drive round1 the foot of the Castle will further increase the same.
The whole of the site is Freehold!, and contains 3,875 square yards or th׳ereabouts.
All fixtures belonging to the mortgagees are included1 in the sale.
Further particulars may be had on application to the Auctioneers, 2, High-street. Sheffield; or to Messrs. Rod'ger.?, Thomas and Sandford, solicitors, 30. Bank-street, Sheffield.
SHARROW-LANE and FENTON-STREET, SHEFFIELD.
BEER-OFF CORNER SALESHOP WITH RETAIL WINE AND SPIRIT LICENSES.
To be Sold by Auction, by Messrs. NICHOLSON, GREAVES, BARBER and HASTINGS, at the Sheffield Estate Auction Mart, No. 2, High-street, on Tuesday, April 11, 1899, at Half-past Four o’clock precisely: —
The excellent CORNER SALESHOP, with well-established off-beer trade and retail wine and spirit trade, together with the convenient Dwelling Houses and Premises, being Nos. 196 and 198, Sharrow-lane, Sheffield, for many years in the occupation of the owner, Mr. Hewitt.
The property comprises well arranged saleshop, good beer cellars, three store rooms, two living rooms, front sitting room), and four bed rooms, with outside wash kitchen and coal place.
There are also large yard, with separate entrance, good stable, carriage house, and hay chamber.
The property is held for 99 years from September 29, 1874, at an annual ground rent of £4 12s.
For further particulars application may be made to the Auctioneers, 2. High-street; or to Messrs. Rodgers. Thomas and Sandford, solicitors, Bank-street, Sheffield.
Date of Sale altered to April 18.
Edward Girdler, deceased.
HIGH-STREET, SHEFFIELD.
TMPORTANT CENTRAL PROPERTY,
-I With FULLY-LICENSED PUBLIC-HOUSE.
To be Sold! by Auction, by Messrs. NICHOLSON, GREAVES. BARBER and HASTINGS, at the Sheffield Estate Auction Mart, No. 2, High-street, Sheffield, on Tuesday, April 18, 1899, at Four o’clock for Half-past Four precisely, subject to the General Conditions of Sale of the Sheffield District Incorporated Law Society, and the Special Conditions to be then produced: —
All that centrally situated FREEHOLD SALESHOP, with Basement-. Stock Rooms, and Photographic Studio, being No. 23, High-street, Sheffield, in the occupation of Mr. Robert Howard.
Also the Grey Horse, Fully-licensed Free Public-house, containing smoke room, tap room, dram shop, four bed rooms, good cellaring, kitchen, upper kitchen, billiard room, and concert room, together with the Range of Buildings, formerly in the occupation of Mr. Horner, and now partly occupied by Mrs. Kilcoyne. and extending to Hartshead. The site contains 605 square yards or thereabouts, has a commanding frontage to High-street, and extends along the whole length of Aldine-court to Hartshead, affording an excellent entrance to the back premises.
This is one of the few remaining properties in High-street available for profitable development, and such an opportunity for purchase verv seldom arises.
The tenants of the saleshop and of the Grey Horse Inn are each under notice to quit on September 29 next, which is an important advantage t-o a our-cliaser desiring to make structural alterations of the property forthwith.
Plans and particulars will be ready shortly, and meantime further information may be obtained from the Auctioneers, 2. High-street; or from Broom-head. Wightman and Moore, solicitors, George-street, Sheffield.