The Law of Landlord And Tenant; Being a Course of Lectures Delivered At the Law Institution

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& C. 333, (11 E. C. L. R. 485,). Any lengthy examination of the cases on this subject would be out of place here, because in dealing in ^he text with the remedies of the landlord, it is assumed that the rela- tion of landlord and tenant exists. It may be useful, however, to call attention to some of the later cases on this head. In Winter- bottom V. Ingham, 7 Q. B. 611, (53 E. C. L. R. 611,) the vendee of an estate was suffered to enter upon the premises and occupy them whilst the title was und...er investigation. The contract of sale was subsequently determined for want of title, and soon afterwards the purchaser gave up the possession. It was held that the vendor could not recover for the occupation during the time when the title was being investigated, although the jury found that the occupation had been beneficial. In Howard v. Shaw, 8 M. & W. 118,* an intending purchaser was let into possession under the contract of sale. The purchase afterwards went ofF, but the vendee kept possession of the premises for some time.

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