The Archive · 1923

An Uncertain Tenancy

Landlord's Action for Damages onan Unsigned Lease The question of a tenant's liabi ility in connexion with an unsigned lease came up for decision. in a case before his Honour Judge Sir Skinner Turner on Tuesday. Plaintiff, R. P. dos Remedios, sued S. A. Asmail & Murray (carrying on business as the Crystal Ice & Cold Storage Ca.) to recover $1,172.02 damages suffered by reason of defendant's failure' to carrying out an agreement for' the leasing of the premises No. North Honan Road extension for" one year.

Mr. Goldring, for plaintiff, opened the case by saying that plaintiff bought the' house some 15 years ago and lived in it with his family up to February of this year. About that time, the de-~ fendant Ismail, and a Chinese named Mok, approached him with a, view to renting the premises for, the ice manufacturing company. They eventually came to terms, plaintiff agreeing to let the premises for a year at a monthly rental of Tls. 100, and defendants entered into possession and a lease was drawn up, $350 being paid to plaintiff during March, when he moved to another house, and defendants took possession and began operations. They did excavation work in the back yard, cut down trees. whith plaintiff had. planted years ago, demolished a bamboo fence, and in other respects prepared to occupy: the. place and do business there. The lease was not signed, Ismail say-"ing that he had to wait for power of attorney from Mr. Murray, who was in_ Hongkong, but on April 23.they wrote giving a month's notice, saying that premises were unsuitable. tiff-had abandoned his claim for specific performance of the terms of the agreement, and the court. would have to decide whether, in the circumstances, an unsigned: lease was admissible in connexion with the claim for damages.

Text read from the printed page and cleaned; old type leaves the occasional error.

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