000 01511cab a2200205 4500
001 ABS42739
008 090401t1990 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u38652
041 _aeng
245 _aJohnsey Estates Ltd v Webb and others
260 _c1990
350 _a0
490 _aEstates Gazette
_v(1990) 19 EG 84-87(3)
520 _aChD 28 April 1990. Preliminary issue in an action by landlords (J) against five sureties who had guaranteed tenant`s obligations under a lease of commercial premises. The question was whether the defendants (W) had been released from liability as sureties under a lease of which they were sureties from the outset by subsequent assignment of that lease. The question turned entirely upon the true construction of some unusual words in the sureties` covenant clause. W`s case was that on the true construction of those words, the sureties were released from their guarantees as soon as the term granted by the lease ceased to be vested in the original tenant. The covenant with J stated that "at all times so long as the term hereby granted is vested in the tenant". It had to be decided whether the words "the tenant" means the original tenant or whether the context admits of an extended definition to include the tenant or successors in title. Schiemann J considered that these quoted words were
650 _aBUSINESS TENANCIES
650 _aCASE LAW
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c24835
_d24835