Vumbacco v. Papallo

By the common law the tenant under a deed poll was not estopped to deny the title of his landlord. “And the reason of this is, for that in every contract there must be quid pro quo, for contractus est quasi actus contra actum; and therefore if the lessor hath nothing in the land, the lessee hath not quid pro quo, nor anything for which he should pay rent.” 1 Co. Litt. (Ed. 1853) Sect. 58, 47 b. But, “if the lease be made by deed indented, then both parties are concluded.” Id. In the latter case, the lessee’s seal imported a consideration which shut his mouth. The modern rule regards the…