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![handle is hein.slavery/ssactsengr0289 and id is 1 raw text is: TIDEY V. MOLLETT
mission of the cheque by the post of Saturday the 9th from the City Bank to Morgan &
Adams! Morgan & Adams kept it until Friday, the 15th, two days after their stoppage,
and then returned it. I abstain from intimating any opinion as to whether the
transmission of a cheque to the drawees in a letter by the post can in strictness be
a presentment. It is a question which can but seldom arise; for, evidence of usage
in the particular case may, no doubt, make such a mode of presentment good. But,
assuming that it might he a good presentment while the drawees were in the habit
of so paying cheques, it is found as a fact here that, at the time this cheque was so
transmitted to Morgan & Adams, they had ceased not only to pay through their
London agents, but also to honour cheques sent to them through the post by London
bankers. There has, therefore, I think, been such a default of presentment on the
part of the holder of the cheque as to afford a defence to the drawer if he were
damrnified thereby. If the cheque had been presented, as it might have been, across
the counter, it appears that it would have been paid. For these reasons I am of
opinion that there has been no due presentment, and therefore that the respondent
is entitled to keep his nonsuit.
Judgment for the respondent.
[298] TIDEY V. MOLLETT. May 2nd, 1864.
[S. C. 33 L. J. C. P. 235; 10 L. T. 380; 10 Jur. N. S. 800; 12 W. R. 802.]
1. The plaintiff declared upon an agreement for a tenancy in these terms,- 1. Mr. T.
(the plaintiff) engages to complete the whole work necessary by the 14th June next.
Then followed an enumeration of the matters to be done by the plaintiff; and the
agreement concluded,-- In consideration of these covditions being ftlfilled, Mr. M. (the
defendant) engages to take house No. 51 B. Park, for three years, at the annual
rent of 1301., to be paid quarterly. Rent to begin from Midsummer next -Held,
that the completion of the work necessary by the day named for that purpose
was a condition precedent to the plaintiff's right to sue the defendant for not
becoming tenant.-2. An instrument which is void as a lease, by reason of the pro-
vision in the 8 & 9 Vict. c. 106. s. 3, may nevertheless enure as an agreement.-
3. Stratton v. Pettilt, 16 C. B. 420, overruled.
This was an action for the breach of an agreement to become tenant of certain
premises.
The second count of the declaration stated that an agreement was made between
the plaintiff and the defendant, which said agreement was so made in the year 1863,
and within six lunar months before Midsummer of that year, and was contained in
a certain letter and a paper therein inclosed; and the said letter,-a letter written
by the defendant, and by him addressed to the plaiutiff,-was in the words and figures
following, that is to say, 13 Terrace, Camberwell. Sir,-Will you (meaning the
plaintiff) be so good as to sign the inclosed, which contains in writing the agreement
we (meaning the plaintiff and defendant), made verbally, except that I have added
the paragraph as to a lease at the end of the three years. Return it to me when signed
by post. Yours, John Mollett; and the said paper inclosed in the said letter was
in the words and figures following, that is to say,- 1. A19. Tidy engages to complete the
whole work necessary by the 14th June next. 2. The stairs to the kitchen are to be made
less steep. 3. The division of the bath from the other part of the room is to be made
when required by Mr. Mollett. 4. A greenhouse is to be erected of respectable
appearance and size, and to be warmed by hot-air flue. 5. A door from the garden
to the road is to be made. 6. Bells are to be hung throughout the house, and finger-
plates to be affixed to all the doors, as may be required by [299] Mr. Mollett. 7. In
case of any of the work proving defective, such as doors opening badly, cracking, &c.,
within six months, all is to be made good by Mr. Tidey. This arrangement applies
also to the drainage. The water is to be laid on to the upper part of the house; and
other deficiencies which may appear are to be made good by Mr. Tidey, and as may
be decided by Mr. Colchester. In consideration of these conditions being fulfilled Mr.
Mollett engages to take the house No. 51 Belsize Park, for three years, at the annual
rent of 1301. per annum, to be paid quarterly. At the expiration of the three years,
Mr. Mollett is to have the option of continuing possession by taking a lease for seven,
16 C. B. (N. S.) 298.
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