Austerberry V. Corporation Of Oldham in Europe

Definition of Austerberry V. Corporation Of Oldham

(29 Ch. D. 750). The rule in Tulk v. Moxhay (q.v.) is confined to restrictive covenants and does not apply to a positive covenant, e.y., to expend money or perform other acts, so as to bind a purchaser taking with notice of the covenant
E conveyed land bounded on both sides by other lands, of which he retained the ownership, to the trustees of a road company, who entered into a covenant with E, his heirs and assigns, that they, their heirs and assigns would make and maintain the road. E sold his lands to Austerberry and the trustees sold the road to the Corporation of Oldham. Both parties had notice of the covenant. Held, that Austerberry could not enforce the covenant against the corporation

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Definition of Austerberry V. Corporation Of Oldham is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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