The Law Reports (Chancery Division)
[1949] Ch 588
[CHANCERY DIVISION]
KITCHEN'S TRUSTEE
v.
MADDERS AND MADDERS.
1949 May 11,
12.
HARMAN J.
Bankruptcy
— Lease of hotel coupled with sale of goodwill and contents
— No consent to lease by building society mortgagee of hotel as required by mortgage
— Fraud on tenants by lessor
— No payment of rent by tenants
— Bankruptcy of lessor
— Action by tenants for fraud
— Judgment in action for damages to be assessed
— Action by trustee in bankruptcy for rent due before and after bankruptcy
— Foreclosure summons by building society not recognizing lease or tenants
— Assessment of damages in tenants' action for fraud
— Amendment by building society of summons by asking for possession only
— Claim by tenants to set off damages against rent claimed by trustee
— Allegation by tenants of risk of having to pay same instalments of rent once to building society and once to trustee.