Griffith v Pelton [1957] EWCA Civ 4 (23 July 1957)

Griffith v Pelton [1957] EWCA Civ 4 (23 July 1957)

A mere assignment of the lease term, where the lease defines 'lessee' to include assigns, operates to assign the benefit of an option to purchase contained in the lease to the assignee, even if the assignment does not expressly mention the option. The Plaintiff, as assignee of the term, was entitled to exercise the option against the executrix of the original lessor.

Citation
[1957] EWCA Civ 4
Parties
Plaintiff/respondent: Herbert Charles Griffith; Defendant/appellant: Ethel Elizabeth Pelton (Executrix of Aubrey John Pelton, deceased)
Jurisdiction
England and Wales
Judgment Date
23 July 1957
Procedural Posture
Appeal / Court of Appeal Judgment on Points of Law Following Summary Judgment Application and Order for Argument of Legal Questions
Outcome
Appeal dismissed
Legal Topics
Assignment of Leasehold Options, Options to Purchase in Leases, Running of Covenants With Land, Interpretation of Lease Provisions
Property Law Contract Law Assignment of Leasehold Options Options to Purchase in Leases Running of Covenants With Land Interpretation of Lease Provisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Herbert Charles Griffith

Plaintiff/respondent

Ethel Elizabeth Pelton (Executrix of Aubrey John Pelton, deceased)

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment on Points of Law Following Summary Judgment Application and Order for Argument of Legal Questions

Legal Issues

  1. 1 Whether the benefit of an option to purchase contained in a lease passes to an assignee of the lease by a mere assignment of the term, absent express reference to the option
  2. 2 Whether a subsequent deed of assignment can vest the benefit of the option if not already vested by the earlier assignment

Ratio Decidendi

A mere assignment of the lease term, where the lease defines 'lessee' to include assigns, operates to assign the benefit of an option to purchase contained in the lease to the assignee, even if the assignment does not expressly mention the option. The Plaintiff, as assignee of the term, was entitled to exercise the option against the executrix of the original lessor.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to the Respondent
  • Order of Mr Justice Vaisey stands