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Sutton v. Temple

Exchequer Division
152 Eng. Rep. 1108 (1843)


Thomas Temple (defendant) entered a contract with Anne Sutton (plaintiff) to lease Sutton’s field of edible grass for £40. Temple’s purpose for the lease was to feed his cattle, but that purpose was not specified in the lease. Temple was unaware that Sutton’s grass was covered with manure that contained particles of paint. Several of Temple’s cattle died after eating the grass. As a result, Temple vacated the land prior to the lease’s termination date. Temple also refused to pay the £40, on the basis that Sutton’s land was unsuitable for the purpose of feeding the cattle. Sutton sued Temple for £40. The jury found that the cattle had been poisoned by the paint and required Temple to pay £12 for the time of his occupation of the land. Temple moved to enter a verdict on his behalf. Sutton moved to increase the damages to £26.

Rule of Law


Holding and Reasoning (Abinger, C.J.)

Concurrence (Rolfe, J.)

Concurrence (Gurney, J.)

Concurrence (Parke, J.)

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