1.64- EVIDENCE OF ORAL AGPvEEMEXT. 



that a 2:00(1 and siiflicient lease of tlie premises shall be prepared, may 

 be good as an agreement ; so tliat an action may lie upon it for not 

 accepting the lease when prepared, although it would be void as a lease 

 in consequence of 8 & 9 VicL c. lOG, s. 3. And per Blackburn J., 

 the Act of Parliament does not say that the agreement, by which the 

 ]iarties agreed that a lease should be granted, should be void. I do not 

 know that there is anything illegal in such an agreement, so that it 

 should be void. The words of the statute merely mean that it shall 

 create no estate and pass no interest" (Bond v. Rosling). 



Document void as a lease requires af/reement stamp. — Where a docu- 

 ment void as a lease is tendered in evidence to show the terms of a 

 collateral agreement, it requires a stamp as an agreement : per Bi/Ies J. 

 {Golden v. Taylor). 



An entry at Old MicMelmas cannot be imjjlied. — In Hoyg v. Norris 

 and Berrington it became necessary to prove a notice to quit, and one 

 was put in served on both defendants on 5th of April to quit at 

 Michaelmas. To make this a sufficient six months' notice, evidence 

 was tendered of the custom of the country to quit at Old Michaelmas 

 Day (Oct. 11), and not at New Michaelmas (Sept. 29) ; but per Erie 

 C.J. : " That evidence is inadmissible ; the custom of the country cannot 

 be set up against the legal presumption, that Michaelmas means any 

 other day than September 29. It must be shown by dhect evidence 

 that this is an Old ]\Iichaelmas tenancy. 



Effect of contract to repair. — There is no implied contract to use 

 premises in a tenant-like manner where tenant has expressly contracted 

 to repair (Standen v. Christmas). 



Tenant in residence not bound to accept agreement for lease ivJien Jiouse 

 is found seriously defective. — A tenant under an agreement to take a 

 lease of a house is not bound to accept it (although he has entered into 

 residence) if the house ui)on a competent survey is found defective and 

 finished in such a manner, that it is likely to subject the tenant under 

 (he covenant to repair to an unusually large annual outlay to maintain 

 it : per RomilUj M.R. {Tildesley v. Glarkson). 



Evidence of oral agreement that written agreement shall become void in 

 a certain event. — The declaration stated that the defendant agreed to 

 transfer a farm held by him under Lord Sydney to the plaintiff, on the 

 terms and conditions under which the same was held by Lord Sydney, 

 and to sell the stock at a certain price, and alleged a breach of that 

 agreement. The defendant pleaded non assumpsit, and a contemporane- 

 ous oral agreement, that in the event of Lord Sydney not consenting to 

 the transfer, the above agreement was to be null and void, and that 

 Lord Sydney had refused his consent. Tlie principal agreement was in 



