Hutton v Warren (1836) 1 M & W 466
Hutton and Warren had entered into an agreement where Warren leased out land to Hutton to engage in farming. Warren later gave notice to Hutton to quit the land, but insisted Hutton continued working on the land during the notice period. Hutton expended his labour and other resources on the land. When Hutton finally quit the land, and was consequently prevented from enjoying the fruits of his work on the land, he asked for payment for the labour and other expenditure he incurred. However, Warren contended that the written lease agreement between him and Hutton placed no obligation on him (Warren) to pay for such expenditure.
1. Whether or not Warren was under obligation to compensate Hutton for his expenditure even though the written agreement did not contain such obligation.
1. That Warren was under obligation to compensate Hutton for his expenditure.
That there was an implied custom in the lease agreement and that although the written document was silent on the obligation for compensation, customary practice upholds such obligation and can be imputed into the contract as a term of the contract.