HN10/277/Hammond9

Copy Opinion of counsel (James E.Wood of 7 New Square, Lincoln's Inn, London) to HN10/277/Hammond8: - "I think the receipt notwithstanding the saving clause in it is a waiver of forfeiture up to date. On the authority of Croft v.Lumley 5E&B 648 and 2 Jun NS63 but I do not think it goes further. It shews that the money was paid and accepted as rent and therefore the lessor treated the lease as subsisting. This is all that Croft v.Lumley decided on the point. It does not however waive other claims in respect of breaches of covenant and there is no law of law [sic] preventing the lessor saving such other claims. The purchaser was entitled under the Contract to a clear receipt - this puts him on enquiry and he is entitled therefore to call for evidence that there has been in fact no breach.

5 Feb 1881

From: 1881 To: 1881

item

Wood, James E.,
Ambrose, Alfred,
Hammond, Ann,
Croft,
Lumley

legal papers, Chancery, Lambeth, Lambeth Milton Place, Lambeth Belmore Street