Citation(s) [1959] Ch 129 | ||
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Similar Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd, Hutton v Warren, Oscar Chess Ltd v Williams | ||
City and Westminster Properties (1934) Ltd v Mudd [1959] Ch 129 is an English contract law case, regarding the parol evidence rule. It illustrates one of the large exceptions, that a written document is not deemed to be exhaustive of the parties intentions when there is clear evidence of a collateral contract. It shows that even evidence from outside a written agreement may contradict evidence inside it.
Contents
Facts
The lease said the tenant could use No 4 New Cavendish Street, London, for business purposes only. Mr Mudd, the tenant was an antique dealer. He had been assured he could live in the back room of the shop and using the basement a living space as a wartime arrangement since 1941. The written agreements followed from 1943 and excluded using the premises to live since 1947. In 1957, after some changes of landlord and caution of surveyors, the new landlord tried to eject Mr Mudd. Mr Mudd refused to leave and was brought to court.
Counsel for the landlord (City and Westminster Properties) argued that reasonable notice was being given and therefore it could not fall within the High Trees case. Mr Mudd had no right to remain.
Judgment
Harman J held that there was a collateral contract that he could stay even if it contradicted the written agreement’s express terms. He said there was no need to look at the question of estoppel, because there was a clear assurance preceding the contract.