The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

CCVI. Beadle's Case. Mich. 29 & 30 Eliz. In the Kings Bench.

THe Case was, That A. Leased to B. certain Lands for 40 l. per annum;* 1.1 And a stranger Covenanted with A. That B. should pay him 40 l. for the Farm and Occupation of the said Lands: A. brought an Action of Covenant; The Defendant pleaded, That before the day of payment, the Plaintiff put the said B. out of his Farm: It was moved by Godfrey, That the same is no plea; For this is a Collateral sum, and not for Rent issuing out of the Land: Also, the Defendant is a stranger to the Contract for the Farm. But the Opinion of the whole Court was clear to the contrary; For the Defendant hath Covenanted, That the Lessee shall pay for the said Farm and Occupation 40 l. so as it is as a Conditional Covenant, and here is Quid pro quo, and here the Consideration upon which the Covenant is conceived, scil. the Farm, and the Occupation of it, is taken away by the Act of the Plaintiff himself; and therefore the plea is good, and the Action will not lie.

Notes

• * 1.1

  2 Len. 115.