A selection of cases on the law of contracts . ant of repair beforehe can be called on under the covenant tomake it good. RAMWELL, B. I am also of opinion that the plea is good,hold it to be so we must hold the defendants covenant tobe a covenant to repair on notice. I havethe strongest objec-tion to interpolate words into a contract, and think we oughtnever to do so unless there is some cogent and almost irre-sistible reason for it arising from the absurdity of the contractf it is^, read without them. Does such a reason, then, existX>dhink it does. I think that we are irresistibly driventh
A selection of cases on the law of contracts . ant of repair beforehe can be called on under the covenant tomake it good. RAMWELL, B. I am also of opinion that the plea is good,hold it to be so we must hold the defendants covenant tobe a covenant to repair on notice. I havethe strongest objec-tion to interpolate words into a contract, and think we oughtnever to do so unless there is some cogent and almost irre-sistible reason for it arising from the absurdity of the contractf it is^, read without them. Does such a reason, then, existX>dhink it does. I think that we are irresistibly driventhat the parties cannot have intended so preposterous aant as that the defendant should keep in repair that ofhe has no means of ascertaining the condition. The?~s in possession ; he can say to the lessor r^Tou shallnotcome on thej)remises without lawful cause ; and to come. for the purpose of looking into the state of the premises wouldnot/^ a lawful cause. If the lessor comes to repair when noair is needed he will be a trespasser ; if he does not come,he will, according to the plaintiffs contention, be liable to anction on the covenant if repair is needed, and will be liable,not only to the cost of repair, but to consequential damage forinjury to chattels caused by want of the repairs he had noopportunity of effecting. This is so preposterous that we oughtto hold that the parties intended the covenant to be read withthe qualification suggested. As to the authorities, we have, in the first place, an obiterdictum of two eminent judges, which was appropriate to the 6 M. & W. 442. SEC. la.\ WEHKLI I. REHWOLDT. IO97 matter in hand, and is, therefore, of great value, though notbinding. The authorities on analogous cases, collected inComyns Digest, are by no means clear ; some seem one way,some another, and one, which occurs under the title Condition,L. 9,
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