Spencer’s Case in Europe
Definition of Spencer’s Case
((1583), 5 Coke, 16). An assignee of a lease is not bound by a covenant as to a thing not in esse at the time it was made unless the assigns are expressly included in the covenant.
Spencer, by indenture, demised a house and land to S for twentyone years, by which indenture S covenanted for him, his executors and administrators that he would build a brick wall upon the land demised. S assigned his term to J, and J to the defendant ; and for not building the brick wall the plaintiff brought the action of covenant against the defendant as assignee. Held, that the defendant was not liable
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Definition of Spencer’s Case is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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