A Treatise On the Statute of Frauds

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Ville- Courtenay, 11 Q. B. 712 ; 17 L. J. Q.
bois, 13 M. & W. 342. B. 151 ; Doe v. Poole, ib. 716 ; 17 L.
2 7 C. B. 266 ; 6 D. & L. 567 ; 18 J. Q. B. 143. No Implied surrender L. J. C. P. 189. by the grant of a new lease will take ' Doe V. Jones, 9 M. & "W. 372. effect if the new lease is absolutely * Doe V. Poole, 11 Q. B. 716. void: Abbott w. Parsons, 3 Burr, 1807 ; 6 Fulmerston v. Steward, Plowd. "Wilson v. Sewell, 4 Burr, 1980; 1 W.
107 ; and see Eoe v. Abp. of York, 6 Blac. 617 ; Earl of B
...erkeley v. Abp.
East, 102, and Co. Litt. 45 a. of York, 6 East, 86 ; Bromley v. Stan- 6 Zouch V. Parsons, 3 Burr, 1807 ; ley, 4 Burr, 2210 ; Earl of Egremont 124 STATUTE OP FEATJBS.
[chap. n.
and is no estate inconsistent with the tenant's former inter- est.^ Besides, a void contract for a thing that a man cannot enjoy, cannot in common sense or reason imply an agreement to give up a former contract.^ But where tenant from year to year entered into an agreement during a current year for a lease to be granted to him and A B, and from that time A B entered and occupied jointly with him, it was held that by this agreement, and the joint occupation under it, the former tenancy was determined, although the lease contracted for had never been granted, Abbott, C.


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