The Sun.
London, England, 1846-06-02 00:00:00

WHITTAKER V. RICHARDS.

This was an action of assumpsit, involving several
breaches of the covenants of an agreement, and was in-
teresting as a question often arising between landlord and
tenant. It now came before the Court in the shape of a
special demurrer, assuming the character and form of a
general demurrer set up by the defendant to the plain-
tiff's delaration. It appeared that a gentleman named
Jones leased for a term of years certain premises at
Highgate to the plaintiff in this action, Mr. Whittaker,
a solicitor in Lincoln's Inn, and thst there were several
covenants in the lease binding plaintiff, and amongst
them one to keep the premises in a state of re-
pair during the term of his holding. Plaintiff sublet
the premises to the defendant for a term of two years,
short of one day ; and the defendant in the agreement
was alleged to have bound himself to the performance on
his part of " all the covenants" in the original agree-
ment between plaintiff and Mr. Jones. Piaiatiff's de-
claration pleaded that defendant had thus bound himself
to keep the premises in repair, and that not merely for
the term of his taking, but for the larger term of seven
years, for which plaintiff was bound to keep them in re-
pair. To this the plaintiff demurred, and the case now
came on tss be argued.
Mr. PEACOCK • appeared for the plaintiff, and con-
tended for the larger construction, maintaining that the
defendant had made himself liable, upon strict investiga-
tion of the agreement, to keep the promises in repair fur
the term of the plaintiff's holding the agreement showing
that he had bound himself to take the premises, subject
to all the covenants in the original lease.
Mr. BURNT, for the defeinlasit, held the contrary; and
submitted that the plaintiff's declaration was ambiguous;
that it would be absurd to suppose that the defendant
would for a moment bind himself to the fulfilment of
" all the covenants " in the original lease; as, for in-
stance, the covenant binding plaintiff to pay his rent.
Surely the Court would not for a moment suppose that
the defendant would bind himself to that
covenant ? Looking, then, at the case altogether, he
(Mr. Burni) submitted to the Court that the construc-
tion of the agreement was limited, the defendant intend-
ing the narrower construction of two sears when he took
the premises; that the plaintiff's declaration was bad,
and that the judgment should be for the defendant.
The Court conferred together for some time, and de-
livered judgment in favour of the plaintiff, the Learned
Judges respectively holding that, in the terms of the
agreement, the defendant had put himself in the position
of the plaintiff respecting the repairs, and bound himself
to the covenants for plaintiff's term, it appearing to the
Court that he took the premises with that understanding.

MARKET INTELLIGENCE.
(From the London New Price Current of June 2.)

StraAn.—To-day the British Plantation Sugar market
was cleared, but busine3s will be resumed to-morrow. A
fair quantity is declared for public sale.
REFINED.—The home trade have purchased all descriptions
of refined goods with caution since last Tuesday, although
there are sellers upon lower terms, the market is better sup-
plied as the refiners continue to work freely. Pieces have
been sparingly dealt in, and lower rates are taken. For Bas-
tards rather lower rates having been taken occasioned large
parcels to be disposed of. For Treacle the demand is brisk,
but the supply is small of all kinds, prices in consequence
rule high.

Matiairms.—There has been little business transacted by
private treaty in refining or grocery descriptions, and 9,286
bags and casks at auction did not generally bring previous
prices, but the whole found buyers.
EEST INDlA.—Although there are sellers of all descriptions
of Bengal by private treaty rather under previous rates, still
little business has been transacted, and none has been brought
to dublic sale. All Foreign East India sorts are still wanted,
and the supply continuing to be small prices still rule high.
Manilla has been disposed of to a very fair extent privately.
FOREIGN.—TO-day several inquiries existed for nearly all
descriptions of Foreign Sugar, but holders insisting upon
stiffer rates, business of moment was prevented privately;
and only 100 cases of brown Maceio were sold for arrival at
18s. per cwt. None was offered at,,,public sale; but some
parcels are declared.

TEA.—None has again been offered public sale, but the
market has assumed a dull appearance, and in some cases
rather lower rates have been accepted for black, but green is
held for the fortner currency. The value of common Congou
is 9.1 to 90, and good common 10d per lb, cash. Hyson of
low quality is not to be had under 2s, and Twankay of low
and fair yellowish leaf quality is held for Is to is 2d per lb.
MOLASSEtir—AII kinds of West India have been much

in demand, and advanced rates are again paid. The total
quantity sold has been GOO puns Trinidad of fine quality at
255, St. Vincents 26s 6d to 275, old Grenada 21s 6d: the
supply is ri,,t ample fur the demand.---Bengal Treacle has
been in good request, and prices are still rising, fine bringing
21s 6d to 225. Honey of common quality is still much in
demand, and fetch full rates, that is to say—tile sorts from
205 to 355, but the latter kinds are not much in demand. _

COFFFCE.—Although there are sellers of the lower descrip-
tions of West India by private treaty rather under previous
rates, still the business transacted has been trifling, and of
such there is a fair supply--the mid and superior sorts arc
however wanted, and in consequence of the small stock,
buyers are compelled to give previous rates. None
has again been offered at auction; arrivals continue
small, the stock is less than it was last year, and prices
are lower, but the deliveries continue on a small scale only.
That the importation will be even deficient that of the former
season there can be no doubt. East India Coffee adapted f. r
home consumption being still plentiful, a further fall in the
value has emitted, but export sorts b..2ing brought sparingly
to market we have little variation to record in prices, but
there is a want of demand.

Ruar, BRANDY. AND HoLLANDs.—Leeward Island Rum
bas been in excellent request, and in consequence of the li-
mited supply at market, buyers have been compelled to pay
further advanced rates. A large business would have been
done bad the market been better supplied. Calcutta has
been purchased with increased frredom, and prices are on the
advanre; 500 casks having been sold at Is 9d to is 10d proof
with certificate—at which holders are firm.. No advance

as taken place in the value of Jamaica, the market
having been well supplied. Bat the operations are upon
a more extended scale in all sorts, and the quantity sold has
The arrivals of Rum have been small since this day week,
whereas the home and export deliveries keep good. The
limited by exporters and the home trade, and it is difficult
purchases made in all kinds of Brandy have been extremely
to quote prices with accuracy. The demand for British Corn
Spirits is dull, but prices keep at lOs 6d for English nett
cash ; lOs 4d to lOs bd for Irish and Scotch. English Gin
22 per cent under proof 8s 10d, and 17 under 9s 4d.
Pepper is obtainable, still the demand has been limited from
iltSpicEs.—Notwithstanding the low rates at which Black
exporters and the home trade. The quantity declared for
auction is large. The stock is less than it was last year;
prices are even lower than they were at that time, and the
deliveries are going on satisfactorily. Of White several par-
cels have been taken, but prices cannot be quoted higher.
N:tinegs ale little wanted. Mace is still wanted, but holders
are unable to obtain any further advance. In Pimento:little bu-
siness has been done, and prices are drooping. The importation
however, has been much less than it Was last year, but prices
are higher, whereas the stock is less. For Cassia Lignea the
market has a dull appearance, and prices looking down ;
the quantity declared for auction is very large, amounting to
nearly 8,000 chests. The inferior sorts of Ceylon Cinnamon
have been in excellent request, but holders are compelled to
allas kindsbe
odfo done. i n
ger Cloves
severalh av
take the low rates of Is to is 6d per lb; the better kinds are
el,taken attention.
chiefly
i eflOyf
h
held for last quarterly sale's prices, prices, but little business
h
epmarectelswliitahvel little
tbtele
by the home trade, and rather higher
supply is falling off, and prices rule
low in comparison with
those of late years.
' I
RlCE.—Tbags of o-day 2,050 Bengal •
Rice were brought to
• public sale, and all taken in above 1
' white at 12s to 12s Gd, the va ue, good middling
middling lis Gd, broken lOs 6d per
the
spot, but chandlers and soap-makers operate with caution
cwt ; there were buyers of the whole upon former terms
TALLOW.—Prices are still sustained for Russian on. ti
taking only ample for their immediate wants, but in conse-
quence of the small stock they are compelled to pay 42s 3d
to 42s 6d per cwt for Petersburgh yellow Candle of fine qua •
lity ; at auction 15 casks were disposed of at these rates.
Other kinds of Tallow have sustained the former value, and
demand.
met with a fair
Orr.s—.1111:0
there having been
prices T rters of Southern Oil are still willing sellers,
rasher under
further arrivals, and they have
been a goo
those that previously prevailedaccetred
d business t t d b • • ere
ransac e y private
has, however,
Oil has fallen in value. Cod
Sea Elephant
treaty.
there are sellers upon rather lower
is little wanted, andterms, but only small
parcels have been disposed of privately
at 28/. The stock is
;still light, and held by few parties.are insisted upon, but all kinds
For Seal Oil previous rates b
have been sparingly dealt in y exporters and the home trade.
There being sellers of Sperm previous reduced terms'
upon
occasioned a good business
to be transacted privately.
_ are
still under those of
Prices of every sort of Fish Oil
s been purchased with mlast
ore
year at this time. Cocoa Nut
has
freedom, and full rates are given. Palm has been in excellent
deman, and former prices are well maintained; the supply at
market not being large, several parcels have hem sold pri.