Straits Law Reports : Being a Report of Cases Decided in the Supreme Court of the Straits Settlements, Penang, Singapore And Malacca : Also a Few Judgments of the Indian And English Cases : With An Analytical Index
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'220 it was not pretended that there was actual expulsion, and I think'that a con- structive expulsion is not to be made out from .the circumstances. These con- sist of the notice requiring the plaintiif to deliver up the premises to the defen- dant, the subsequent .threat to distrain, and the plaintiff's withdrawal from the premises. The two former were not actually or constructively a trespass on the premises. The threat 'to distrain, even if the plaintiff was not then entitled, as he certain...ly was, to resort to that remedy for recovering the rent in arroar. would not have been such a threat as would vitiate any contract or transaction on the ground of duress. The plaintiff was not compelled to leave the premises in consequence of the demand or the threat. If he did so, then, he did it volanta- lily. The demand and the threat gave him no cause of action j and a man can- not by his own voluntary act convert into a good cause of action the act of another which is per se innocent. JThe plaintiff did not, indeed, give the key or other symbol of possession to the landlord, but he admits, and indeed asserts, that it was in consequence of, and'ln compliance with the demand, that he left the premises j and ttat the landlord was justified, it seems to me, in so regarding his tenant's departure, and in entering upon the promises.
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