Weston v Alefounder 1777

Colchester pedigree

Colchester notes

Chancery proceedings, Weston v Alefounder 1777, TNA reference C12/97/8. Two pages, George Weston's bill of complaint followed by John Alefounder's answer. As is usual in these cases, there is no record of the verdict.

10 Junius 1777

To the Right Honorable Henry Earl Bathurst Lord High Chancellor of Great Britain

Humbly Complaining Sheweth unto your Lordship your Orator George Weston of Finsbury in the County of Middlesex Carpenter That your Orator some time in the latter end of the Year one thousand seven hundred and seventy six contracted and agreed with the Mayor Commonality and Citizens of the City of London to take a Lease from the said City of the Messuage or Tenement and Premises herin after particularly mentioned for the Term of seven Years and one Quarter from Christmas day one thousand seven hundred and seventy six at the clear Yearly Rent of Thirty three Pounds ten Shillings and your Orator at the same time purchased of the Chamber of the City of London sundry Fixtures and things standing and being upon the said Premises for the price or Sum of Twelve Pounds And in pursuance of the said Agreement your Orator entered upon the possession of the said premises and he put the same into good and sufficient Repair and laid out and expended a very considerable Sum of Money in and about such Repairs and in sundry improvements upon the said premises and your Orator further Sheweth that being minded to sell and dispose of his Term and Interest of and in the said Premises and the said Fixtures Repairs and Improvements your Orator in or about the Month of March last came to an agreement with John Alefounder then of Ave-Mary Lane in the City of London but now of Dove Court near Moorfields in the said City of London Surveyor to Sell and Assign to him the said John Alefounder Orator's Right and Interest in and to the said Premises together with the Repairs and Improvements that had then been made thereon by your Orator as aforesaid for the price or Sum of Fifty seven Pounds ten Shillings And it was further agreed between your Orator and the said John Alefounder that the said John Alefounder should pay and discharge the Rent which had then accrued due for the said Premises from and after Christmas then last past and should also pay and be at all ^the Expences of the Lease to be granted to your Orator of the said premises and your orator not having then obtained a Lease of the said Premises from the said Mayor and Commonalty and Citizens and not being able therefore to make a regular assignment to the said John Alefounder he the said John Alefounder himself drew up ^or prepared a Certain Memorandum or heads of the said Agreement to be afterwards carried into Execution between him and your Orator which said Memorandum or Agreement bears date the twenty sixth Day of March now last past and was Signed or subscribed by your Orator and the said John Alefounder respectively and one part or Duplicate of the said Memorandum or Agreement Signed by the said John Alefounder is now in the Custody or Power of your Orator and is in the Words and Figures or to the purport or Effect following (that is to say) London March 26th 1777 Mr George Weston hath bargained and sold to Mr John Alefounder a House situate on the paved Stones Moorfields No     and intended to be held on Lease from the City of London for seven Years and one quarter from Christmas last Paying the next Rent of £33.10. per annum and the said George Weston hath sold his right in the said Premises including Repairs and Fixtures and one Guinea paid to the Poor Box and [erased] the said John Alefounder hath agreed to pay ^to the said George Weston the Sum of £57.10: and the Rent that is due to the City of London from Christmas last and to pay the Expences of the Lease to the Chamber of the City of London as in and by the said Part or Duplicate of the said Agreement when produced will appear and your Orator further Sheweth unto your Lordship that immediately after Signing the said Memorandum or Agreement your orator permitted the said John Alefounder to enter into possession of the said Messuage or Tenement and Premises and delivered to the said John Alefounder the several Fixtures and things being upon the said Premises and purchased by your orator as aforesaid And your orator further Sheweth unto your Lordship that by Indenture of Lease bearing date on or about the fourth Day of December in the Year one thousand seven hundred and seventy six and made or expressed to be made between the Mayor and Commonalty and Citizens of the City of London of the one part and your Orator by the Name and description of George Weston Citizen and Carpenter of London of the other part the said Mayor and Comonalty and Citizens for the consideration therein mentioned did demise to your Orator the Messuage or Tenement and Premises herein before mentioned by the description of All that piece or Parcel of Ground with the Messuage or Tenement thereupon Erected situate and being on the West side of Moorfields in the Parish of Saint Stephen Coleman Street London containing from North to South at the East end fronting Moorfields twenty two feet of assize little more or less and from East to West on the South side to a break thirty one feet of assize little more or less and abutteth on a Way or Passage leading from Moorfields into Dove Court then returns Northward by the said Break ten Feet of assize little more or less Then extends Westward from the said Break twenty five Feet seven Inches of assize little more or less and abutteth on Dove Court and from South to North at the West end to a break nine Feet two inches of assize little more or less and abutteth on Premises in the possession of William Clarke then returns Eastward by the said Break six feet seven Inches of assize little more or less Then extends Northward from the said Break three feet five Inches of assize little more or less and from West to East on the North side forty seven feet seven Inches of assize little more or less and abutteth on Premises in Lease to William Osborn And also All that Building over the said Way or Passage leading from Moorfields to Dove Court aforesaid which said Building contains from North to South at the East end fronting Moorfields five feet ten Inches of assize little more or less and from East to West on the South side thirty one feet of assize little more or less and abutteth on Premises on Lease to Robert Birch and from South to North at the West end five Feet seven Inches of assize little more or less and from West to East on the North side thirty one feet of assize little more or less which said Premises thereby demised were then late in Lease (among others) to William Gyles and then late in the occupation of Mr Guyon and are more particularly described in the Seale or draughts thereof drawn in the Margin of the said Indenture together with all Ways and Appurtenances to the said Premises belonging To hold the same unto your Orator his Executors administrators and assigns from the Feast day of the Birth of our Lord Christ next ensuing the date thereof for the Term of seven Years and one quarter of a Year at and under the Yearly Rent or Sum of Thirty three Pounds ten Shillings clear of all Deductions whatsoever Payable quarterly as therein is particularly mentioned and under and subject to certain Clauses Conditions Provisions and Agreements in the said Indenture of Lease contained as in and by the said Indenture of Lease now in the Custody or Power of your Orator ready to be produced reference being thereunto had may more fully appear And your Orator further Sheweth unto your Lordship that altho said Lease bears date the fourth Day of December one thousand seven hundred and seventysix the same was not delivered to your Orator by the proper Officer of the Chamber of the said City of London until in or about the Month of May now last past at which time your Orator paid the Comptroller of the Chamber of the said City for Fees or Expences of preparing such Lease the Sum of Eleven Pounds eighteen Shillings And immediately after the said Lease of the said Premises was so as aforesaid delivered to your Orator your Orator applied to the said John Alefounder and requested him to accept an Assignment of the said Lease from your Orator and to pay your Orator the said Sum of Fifty seven Pounds ten Shillings together with the aforesaid Charges and Expences of granting the said Lease and also to pay the Costs of the Assignment thereof from your Orator to the said John Alefounder and your Orator well hoped the said John Alefounder would have complied with such your Orator's just and reasonable request as in Justice and Equity he ought to have done But now so it is may it please your Lordship that the said John Alefounder combining and confederating with divers Persons at present unknown to your Orator whose Names when discovered your Orator prays may be inserted in this his Bill of Complaint with all and proper Words and matter to charge them as Defendants and contriving how to defeat and defraud your Orator in the Premises he the said John Alefounder some times gives out and pretends that he never made or entered into such Agreement as aforesaid with your Orator or if he did which at other times he admits yet he pretends and insists that your Orator had not any right or Title to the said Premises or any power or authority to enter into the said Agreement with him as aforesaid And that no Lease or demise of the said Premises hath ever been made and Executed to your orator and that your Orator hath not laid out or expended any Money whatsoever in or about the Repairs and improvements of the said Premises and that he is not therefore bound to perform the said Agreement whereas your Orator charges that such Lease as herein before is mentioned and set forth was duly made and Executed to your Orator and that he had a good right and Title to the said Premises for the Term by the said Lease granted and had sufficient authority to enter into the said Agreement and that he hath laid out and expended a very considerable Sum of Money in and about the Repairs and Improvements of the said Premises And your Orator also charges that the said John Alefounder who is a Surveyor by profession did Examine the State and condition of the said Premises and the Repairs thereof before he entered into the said Agreement with your Orator and was well satisfied therewith And at other times the said John Alefounder gives out and pretends that he has been at all times ready and willing to perform the said agreement on his part but that your Orator has not been ready to make and execute to him an assignment of the Lease of the said Premises Whereas your Orator charges the contrary to be true and in Particular that before the said Lease was Executed to your Orator your Orator did apply to the Comptroller of the Chamber of the said City and requested that the said Lease might be made to the said John Alefounder in the first instance instead of your Orator in order to save the Costs of an assignment thereof And your Orator did obtain the said Comptroller's consent to the same but the said John Alefounder refused to accept of such Lease in his own Name but insisted on taking the same by assignment from your Orator and your Orator did thereupon procure the said Lease to be made and executed to himself and did also procure a License from the Chamber of the said City to assign the said Lease to the said John Alefounder pursuant to a Proviso or Covenant in the said Lease for that purpose and paid for such License the Sum of One Pound ten Shillings and eight pence and your Orator did immediately after obtaining the said Lease and License apply to the said John Alefounder and offer to execute to him a proper Assignment of the said Premises and of the said Fixtures therein But the said John Alefounder did then refuse and does now absolutely refuse to accept of such Assignment or to pay your Orator the said Sum of Fifty seven Pounds ten Shillings and the said Eleven Pounds eighteen Shillings for the Costs of the ^said Lease and also the Costs of the said Assignment thereof to him And the said John Alefounder having got into possession of the said Premises and of the said Fixtures therein threatens that he will withhold the same from your Orator and that he will Sell and dispose of the said several Fixtures or otherwise convert the same to his own Use All which Actings doings and pretences of the said John Alefounder are contrary to Equity and good conscience and manifestly tend to the wrong injury and oppression of your Orator In tender consideration whereof and for that your Orator is remediless in the Premises by the strict Rules of the common Law and can in no wise compel a specific performance of the said Agreement but by the aid of a Court of Equity where matters of this nature are only and properly cognizable and relievable To the end therefore that the said John Alefounder and his Confederates when discovered may upon their Corporal Oaths according to the best and utmost of their respective knowledge rembrance Information and belief true and perfect answer make to all and singular the Matters aforesaid as fully and particularly as if the same were here again repeated and he and they thereunto particularly interrogated and more especially that the said John Alefounder may answer and set forth in manner aforesaid whether or about the time herein before mentioned or at some other and what time your Orator did not contract and agree with the Mayor Comonalty and Citizens of the City of London to take a Lease from the said City of the Premises herein before mentioned upon the Terms and Conditions herein before particularly mentioned or upon some other and what Terms and Conditions And whether your Orator did not also purchase of the Chamber of the said City the several Fixtures being in and upon the said Premises or some and what part or parts thereof for the price or Sum herein before mentioned or some other and what Sum of Money and whether in pursuance of the said Agreement your Orator did not enter into possession of the said Premises and did not put the same into good and sufficient Repair and lay out and expend a considerable or some and what Sum of Money in and about such Repairs and in improvements thereon and whether in or about the Month of March last or at some other and what time your Orator and the said John Alefounder did not come to an Agreement that your Orator should Sell and assign to him the said John Alefounder all your orators Right and Interest in and to the said Premises and the several Fixtures thereon together with the Repairs and improvements that had been made in and about the said Premises by your Orator for the price or Sum of Fifty seven Pounds ten Shillings or some other and what Sum of Money whether it was not at the same time further agreed that the said John Alefounder should pay and discharge the Rent which had then accrued due for the Premises from and after Christmas then last past And that he should also pay all the Expences of the said Lease to be granted to your Orator or whether your Orator and he the said John Alefounder did not come to some other and what agreement touching the said matter and whether he the said John Alefounder himself or some other Person who by Name and by whose Order or direction did not draw up or prepare such Memorandum or agreement as herein before mentioned or some other and what Memorandum or Agreement and whether the same was not Signed or subscribed by your Orator and the said John Alefounder respectively or by one and which of them and whether the same is not in the Words and figures or to the purport or Effect herein before set forth or to some such or some other and what purport or effect And whether immediately or at some other time and how long after the Signing the said Memorandum or Agreement your Orator did not permit the said John Alefounder to enter into possession of the said Premises and did not deliver to the said John Alefounder the several Fixtures and things being upon the said Premises and purchased by your Orator as herein before mentioned or some and what part thereof and whether such Indenture of Lease as herein before is mentioned or some other and what Lease of the said Premises was not executed and delivered to your Orator in the Month of May now last past or at some other and what time and whether your Orator did not at the time that the said Lease was so delivered to him or at some other and what time pay to the Chamber of the City of London for the Fees and Expences of granting such Lease the Sum of Eleven Pounds eighteen Shillings or some other and what Sum of Money And whether your Orator did not produce a License from the Chamber of the said City to assign the said Lease to [erased] the said John Alefounder and whether your Orator did not pay for such License the Sum of one Pound six Shillings and eight pence or some other and what Sum of Money and whether immediately or at some other time and how soon after the said Lease of the said Premises was delivered to your Orator and such Licence to assign the same obtained your Orator did not apply to the said John Alefounder and request him to accept an assignment of the said Lease from your Orator and to pay him the said Sum of Fifty seven Pounds ten Shillings together with the aforesaid Charges and Expences of obtaining the said Lease and also to pay the Costs of the said Assignment thereof from your Orator to the John Alefounder and of the said Licence for that purpose or make some and what application of the kind to him the said John Alefounder and whether the said John Alefounder hath not refused so to do and why and for what reason he hath so refused and that the said John Alefounder may be decreed specifically to perform the said Agreement and to pay to your orator the said Sum of Fifty seven Pounds ten Shillings and also the said Sums of Eleven Pounds eighteen Shillings and One Pound ten Shillings and Eight pence together with Interest for the same and to accept an assignment of the said Lease from your orator your orator being ready and willing to perform the said Agreement on his part and to Execute such assignment thereof to him upon being paid such sums of Money and Interest and that your Orator may have such further other relief in the Premises as shall be agreeable to Equity and the Nature of his Case may require May it please your Lordship the Premises considered to grant unto your Orator his Majesty's most gracious Writ or Writs of Suspense ^being by of and under the Seal of your Lordship's Court to be directed to the said John Alefounder thereby commanding him at a Certain Day and under a certain pain therein to be Comitted personally to be and appear before your Lordship in this [deleted] honourable Court then and there to answer all and singular the Premises and further to stand to and abide such Order and Decree therein as to your Lordship shall seem meet And your Orator shall ever pray &c
Robinson Rd. Holling

 

The 31st of October 1777 at the Public Office before me H Rochill
Woodford by Geo Townsend

The Answer of John Alefounder Defendant to the Bill of Complaint of George Weston Complainant

This Defendant now and at all times hereafter saving and reserving to himself all and all manner of benefit and advantage by way of Exception or otherwise to be had ^or taken to the many errors Uncertainties and insufficiencies in the said Complainants said Bill of Complaint contained for answer thereto or unto so much and such part thereof as this Defendant is advised reasonably concerns him to make Answer unto He this Defendant Answereth and saith he hath heard and believes it to be true that at or about the time in the Complainants Bill mentioned the the said Complainant did contract and with the ~ ~ Mayor Comonalty and Citizens of London to take a Lease from the said City of the Messuage or Tenement and Premises in the said Complainants Bill mentioned for the time and upon the Terms and Conditions in the said Complainants Bill particularly mentioned but for greater certainty therein this Defendant craves leave to refer to such Contract or Agreement when the same shall be produced to this Honourable Court And this Defendant further saith he hath heard and believes it to be true that the said Complainant did also purchase of the Chamber of the said City the several Fixtures and things standing and being in and upon the said Premises at & for the price or Sum of Twelve pounds ^or some such sum of Money as in the Complainants said Bill is also mentioned And this Defendant further saith he hath heard and believes it to be true that the said Complainant did in pursuance of the said Agreement enter into and upon the possession of the said Premises and that he might do sundry repairs and improvements thereto and lay out and expend the Sums of Thirty four Pounds or thereabouts in and about such repairs and improvements but this Defendant denies that he put the said Premises in good and sufficient repair or laid out and Expended any considerable or other Sum of Money therein than as aforesaid And this Defendant further saith he believes it may be true that the Complainant was minded and desirous to sell and dispose of his Term and Interest of and in the said Premises and the said Fixtures Repairs and Improvements as in the ~~~ Complainants said Bill is mentioned And this Defendant further saith that this Defendant having occasion for an House for his own Habitation in or near Moorfields in ^the said City of London and hearing that said Premises belonging to said Complainant were to be sold and disposed of he this Defendant did on or about the Twenty sixth day of March now last past apply to and request the said Complainant to shew this Defendant the same who accordingly went with this Defendant to the said House and he and this Defendant went over and took a slight and Cursory view of the same and the Repairs thereof when this Defendant observed to the said Complainant that the said Work and Repairs were in General very Ill done and particularly that if this Defendant should purchase the House he should be obliged to have the Hall repaired and several other things done over again and desired the Complainant to inform this Defendant what Money he had laid out in the said Repairs who told this Defendant that they had cost him Forty Pounds and upwards which this Defendant ^then said could not possibly be but the Complainant persisted in asserting that it had and thereupon this Defendant said he had heard a very good Character of the Complainant and had no reason but to think he was an Honest Man and had not time then to examine the Books or particulars of the Repairs so as to estimate what such repairs had really Cost him but ^if it may had Cost that Sum he this Defendant would give him the said Sum of Forty Pounds so laid out in the Repairs the Twelve Pounds five Shillings which he said was the Sum he had paid to the ~~ City for the said Fixtures and five Guineas for his Trouble or Bargain making together in the whole Fifty seven Pounds ten Shillings and left him promising to come ~ ~ and look at the House again which on the same Day this Defendant with his Son and Nephew accordingly did who liked the situation very well but declared that the Repairs were very badly done upon which this Defendant (as he then understood the Treaty to be) informed them that he was only to pay the Complainant what the Repairs had really Cost him [deleted] and having a good Opinion of the Honesty and Integrity of the Complainant this Defendant did not examine the said premises or the Repairs thereof so minutely as he should otherwise have done if he had ^then had the least reason to Doubt the veracity of the Complainant or think he meant to impose upon or take any advantage of this Defendant but in the Evening of the same Day went to the Complainant and informed ^him that this Defendant had a desire for the House and asked him again if he had actually laid out the Forty Pounds upon the Repairs of the said Premises which he assured this Defendant he had done and added that as this Defendant was a Competent Judge of such Repairs this Defendant could not imagine that the said Complainant would attempt to impose upon or deceive him and insisted that so far from not having laid out the Sum of Forty Pounds he had laid out a considerable Sum more which this Defendant upon Examination of the Premises would have found whereupon this Defendant told the Complainant that as he had heard a good Character of him he would for once take his Word and asked what he had repaired to that amount when the Complainant answered that he had done all the White Washing Mason Work Glaziers Work (Except in the Garrett and Wash House which he said there was no occasion for) and in painting the House all over once in Oil and this Defendant then asked the said Complainant what Fixtures he had purchases of the City and the Price which he informed this Defendant and that he was to pay about Twelve Pounds five Shillings for the same and that the Expence of the Lease from the City would not amount to or exceed Ten Guineas at most whereupon this Defendant told the Complainant that as he knew nothing of the Expence of the Leases from the City this ~ ~ Defendant would have nothing to do with the House if it exceeded that Sum and the said Complainant replied that he was well acquainted therewith having taken several and as it was only a Lease for seven Years he was sure it would not exceed that Sum Whereupon this Defendant in full assurance that the said Complainant had actually laid out the said Sum of Forty Pounds upon the Repairs and Improvements of the said Premises and that the Expence of the Lease would not exceed the Sum of Ten Guineas did come to an Agreement with the Complainant that the said Complainant should sell and assign to this Defendant all his the said Complainants right and Interest ^in and to the said Premises and the several Fixtures thereon together with the Repairs and Improvements that had been done by the Complainant at and for the price or Sum of Fifty seven Pounds Ten Shillings as in the Complainants said Bill is mentioned and this Defendant saith that it was at the same time further agreed that this Defendant should pay and discharge the Rent which had then accrued due for the said Premises from and after Christmas then last past and that he should also pay all the Expences of the said Lease to be granted to the said Complainant not exceeding the said Sum of Ten Guineas And this Defendant further saith that he admits it to be true that he this Defendant did draw up or prepare such Memorandum or Agreement as in the Complainants said Bill is mentioned and that the same was Signed or Subscribed by the said Complainant and this Defendant respectively & is of such Date and in the Words and Figures or to the purport and Effect in the Complainants Bill mentioned and set forth but for greater certainty therein ^This Defendant craves leave to refer to the said Agreement one part whereof Signed by the said Complainant is now in the Custody or power of this Defendant and the other part Signed by this Defendant is as this Defendant verily believes in the Custody or power of the said Complainant when the same shall be produced to this Honourable Court And this Defendant further saith that he proposed mentioning and specifying in the said Agreement that the expence of the Lease should not exceed Ten Guineas and the same was omitted at the express desire of the said Complainant who insisted that this Defendant had better not mention it as he was sure it could not come to that Sum And this Defendant further saith he admits that immediately or very soon after the Signing the said Agreement the said Complainant permitted this Defendant to enter into possession of the said Messuage or Tenement and Premises and also delivered to or permitted this Defendant to take possession of the several Fixtures and things being upon the said Premises and purchased by the Complainant of the City of London as in the said Complainants Bill is mentioned but this Defendant saith that upon taking such possession and examining the Repairs he found that he had been greatly deceived and imposed upon by the Complainant and discovered that the Repairs had been so badly done that many things must necessarily be done over again particularly the Carpenters Masons and Painters Work and upon the best valuation ^that this Defendant (who is an Architect and Surveyor by profession) could put on the same the Expence the said Complainant had been at in the said Repairs so far from amounting to upwards of Forty Pounds (as he had alledged and insisted) could not exceed Thirty four Pounds And this Defendant further saith that the said Complainant had taken all the Bars from several Windows and laid them in the Kitchen and the same were left unpainted Upon which this Defendant remonstrated to the said Complainant the next time this Defendant saw him for not painting the said several Window Bars when the Complainant laughed at this Defendant and said he thought no person who the Expence of Building as well as he was informed this Defendant did could have been deceived but would have inspected the repairs more cautiously or to that Effect And this Defendant further saith he saw or heard very little of or from the said Complainant till some time in the Month of May following when the said Complainant called upon this Defendant to go to Guild Hall London to give an Order for the Lease to be made in this Defendants Name instead of the Complainants and as they were going and just got to the Comptrollers Office the Complainant told this Defendant he must pay the Money then but this Defendant informed the Complainant that having so short Notice he was not prepared but would in a Day or two sell out One hundred Bonds three per Cents and desired the Complainant would get the Lease made to him and bring it properly assigned to this Defendant and this Defendant would pay the Complainant according to their Agreement And this Defendant further saith that on or about the Twenty eighth day of the same Month of May this Defendant met the sd Complainant in Little Moorfields where he informed this Defendant that he had got the Lease and this Defendant asked him what it Cost who answered Ten Guineas which this Defendant said was very well and that so far as we were right And the Complainant then said he must have his Money which this Defendant said he intended he should but that this Defendants Broker had advised him ^not to sell any Stock till the Week following and then if should be settled but this Defendant afterwards seeing the Complainants Sollicitors Clerk who behaved very rude to this Defendant this Defendant determined to have an end to the Business and accordingly on the Thirtieth day of the same May sold out Stock for that purpose to a great Loss And this Defendant further saith he hath heard and believes it to be true that such Indenture of Lease of such Date purport and effect as in the Complainants Bill is mentioned ^and executed and delivered to the Complainant in the Month of May now last past as in the Complainants Bill is also mentioned but for greater certainty as to the Date purport and Effect of the said Lease this Defendant craves leave to refer thereto when sd same shall be produced to this Honourable Court And this Defendant further saith he believes it may be true that altho the said Lease bears date the Fourth day of December One thousand seven hundred and seventy six the same was not delivered to the Complainant by the proper Officer of the Chamber of the said City of London until in or about the Month of May now last past as in the said Complainants said Bill is mentioned And this Defendant further saith that he knows not the same from his own knowledge but hath heard from the Complainant [deleted] that the said Complainant did at the time the said Lease was so delivered to him pay to the Chamber of the City of London for the Fees and Expences of preparing or granting such Lease the Sum of Eleven Pounds Eighteen Shillings and that he did immediately or soon after procure a License from the Chamber of the said City to assign the said Lease to this Defendant and paid for such Licence the Sum of One pound six Shillings and Eight pence as in the Complainants said Bill is mentioned but for greater certainty therein this Defendant craves leave to refer to such proof thereof as the said Complainant shall be able to make And this Defendant further saith that he believes and admits ^ to be true that immediately or soon after the said Lease of the said Premises was so as aforesaid delivered to the Complainant (that is to say) on the fifth day of June now last past the said Complainant with his Sollicitors Clerk did at this Defendant's House apply to this Defendant and tender to this Defendant the said Lease and request him to accept an Assignment thereof from the Complainant and to pay to the said Complainant the said Sum of Fifty seven Pounds Ten Shillings together with the aforesaid Charges and Expences of granting the said Lease [deleted] amounting in the whole to the Sum of Seventy Pounds Nineteen Shillings and Eight pence [deleted] but this Defendant saith there having been no Assignment of or upon the said Lease from the Complainant to this Defendant to the Knowledge or belief of this Defendant this Defendant requested the said Complainant to make and Execute the same which he absolutely refused to do till this Defendant had paid him the Money And this Defendant then told the Complainant that he did not desire the Complainant to Execute the said Assignment until this Defendant had paid him the Money and ^that this Defendant would not pay his Money before he had the said Assignment or pay more Money than he this Defendant had originally agreed for however this Defendant did to prevent the said Complainant from taking any undue advantage then and there actually tender to the said Complainant in Cash and Bank Notes the Sum of Sixty eight Pounds ^and three shillings or Fifty two Pounds ^five shillings for the Expence of the Repairs alledged to have been done by him and Fixtures and five pounds five Shillings for the Complainants Trouble and Ten Guineas for the Expence of the said Lease according to the Agreement between the Complainant and this Defendant as aforesaid being three Shillings more than the said Complainant was intitled to according to his said Agreement even supposing the Repairs had actually Cost him Forty Pounds as he unjustly and untruly alledged but which this Defendant for the reasons aforesaid by no means either admits or believes And this Defendant denys that he ever gave out or pretended that he never made or entered into such Agreement as aforesaid with the Complainant or that if he did that he pretends and insists that the Complainant had not any right or Title to the said premises or any power or authority to enter into the said Agreement with him as aforesaid and that no Lease or Demise of the said Premises hath ever been made and Executed to the Complainant or that the Complainant hath not laid out or expended any Money whatsoever in or about the Repairs and Improvements of the said Premises or that this Defendant is not bound to perform the same as in the Complainants said Bill is untruly suggested And this Defendant further saith he denies that to the best of this Defendants Judgement and belief the Complainant hath laid out and expended a very considerable or any other Sum of Money than as aforesaid in and about the Repairs and Improvements of the said Premises And this Defendant admits that he is an Architect and Surveyor by profession but Denys that he did examine the state or Condition of the said Premises or the Repairs thereof before he entered into the said Agreement with the Complainant ^or that this Defendant was well satisfied therewith otherwise than as hereinbefore and hereinafter mentioned And this Defendant further saith he believes it to be true that before the said Lease was Executed to the Complainant he the said Complainant did apply to the Comptroller of the Chamber of the sd City and request that the ^said Lease might be made to this Defendant in the first instance instead of the Complainant in order to save the Expence of the Licence for the Assignment and the Costs thereof and did obtain the said Comptrollers consent to the same but this Defendant denies that he this Defendant ever refused to accept of such Lease in his own Name or insisted on taking the same by assignment from the Complainant otherwise than as and for the reason hereinbefore mentioned And this Defendant Denys that the said Complainant did immediately or ever after obtaining the said Lease and Licence apply to this Defendant and offer to Execute to him a proper or any Assignment of the said Premises and Fixtures therein otherwise than as hereinbefore mentioned or that this Defendant did then or ever did or does now absolutely refuse to accept the said Assignment or to pay the Complainant the sd Sum of Fifty Pounds ten Shillings but admits that for the reasons hereinbefore mentioned he refuses to pay any more than Ten Guineas for the expence of the said Lease as aforesaid and this Defendant denys that he ever did or does now refuse to pay the Costs of the said Assignment or that any Assignment Executed by the said Complainant was ever tendered to this Defendant neither was the same ever Drawn or proposed to the Knowledge or belief of this Defendant or did the Complainant ever offer or propose to leave the said Lease with this Defendant in order that this Defendant might get an Assignment by Indorsement thereon prepared or furnish this Defendant with an Abstract of the said Lease to enable this Defendant to get such Assignment made by another Deed And this Defendant Denys that having got into possession of the said premises and of the sd Fixtures therein he ever did or now does threaten to with hold the same from the said Complainant or to sell and dispose of the said several Fixtures or any of them or otherwise Convert the same or any of them to his own use on the contrary this Defendant saith that notwithstanding he this Defendant was imposed upon with respect to the Expence of the Repairs of the said Premises rather than have had any dispute or litigation for or on Account thereof he this Defendant at the time of making the said Tender as aforesaid was and hath ever since been and now is upon having a proper Assignment of ~ ~ the said Premises made to him ready and willing on his part to perform the said Agreement according to the true intent and meaning thereof by paying to the Complainant the said Sum of Fifty seven Pounds ten Shillings and also the said Sum of Ten Guineas for the Expence of the said Lease together with the Costs of such Assignment And this Defendant denys all and all manner of unlawful Combination and Confederacy without that that there is any other matter cause or thing in the Complainants said Bill of Complaint contained material or effectual in the Law for this Defendant to make answer unto and not herein and hereby ~ ~ ~ ~ ~ ~ ~ well and sufficiently Answered unto Confessed or avoided traversed or denied is true to the Knowledge Remembrance and belief of this Defendant All which matters and things this Defendant is ready and willing to aver Justify maintain and prove as this Honourable Court shall direct and Humbly prays to be hence dismissed with his reasonable Costs and Charges by him in this behalf most wrongfully sustained ~ Wm Selwyn    

J Alefounder

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Last updated 28th May 2009 by Peter Alefounder

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