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Hutton v Warren [1836] EWHC Exch J61

The claimant was a farmer who had a tenancy on the defendant's fields. The claimant had planted corn and Barley on the fields and worked the fields to ensure the crops would grow. Before the field was due to be harvested the tenancy was terminated. The claimant then submitted a bill to the defendant for the work and cost of seed spent on the field as was customary in farming tenancies. The defendant refused to pay stating there was nothing in the tenancy agreement stating that such compensation was payable.


The court implied a term into the tenancy providing for compensation for the work and expenses undertaken in growing the crops. The term was implied as it was common practice for farming tenancies to contain such a clause.
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