Manners v. Vesey

Decided July 1, 1793

A LESSEE covenanted to do all reasonable cartings for his lessor, with his carts, carriages, and otherwise, as it would be required. The plaintiff alledged as a breach of covenant, that he requested the defendant to carry three loads of coal, which he refused to carry, and did not carry &c. The defendant pleads, that at the time he had no cart nor carriage. The plaintiff demurred.

Decided 1793-07-01

Jermyn.

¶1The lessee is not obliged to keep carts to serve the lessor; but when he has them, if the lessor requires if he must, &c. If a man binds himself to give all the money in his purse; it is a good plea that he has not any.

Jones, J.

¶2seemed to incline to that opinion.