Hutton v Warren

Hutton v Warren (1836) 1 M&W 460 is an English contract law case, concerning implied terms.

Facts

A farm tenant claimed that it was the custom of the country that the landlord would give a reasonable allowance for seeds and labour to keep the land arable, and that he would leave manure should the landlord wish to purchase it.

Judgment

Parke B held in favour of the farm tenant, because as he said, ‘in commercial transactions, extrinsic evidence of custome and usage is admissible to annex incidents to written contracts matters with respect to which they are silent.'

See also

• English contract law

Notes

References