Defendant leased a farm to Plaintiff, but without the necessary formalities, under the condition that Plaintiff look after the farm in a good manner. Plaintiff let the farm badly deteriorate and Defendant evicted him.
Plaintiff sued for wrongful eviction, but the court refused to exercise its equitable jurisdiction because Defendant “came to equity with unclean hands”, i.e. he had taken poor care of the farm.
The central question is this:
Would the court of equity in this case have decreed specific performance? If it would, then that is to be considered as done, and then there is a lease. But if it would not, then, there being no lease at common law, it being in the position that the court of equity would not decree specific performance for a lease, then it is no lease at common law.
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