Austerberry v Oldham Corporation (1885)

Facts

• Trustees had land conveyed to them, and in return, covenanted, on behalf of themselves and their heirs to keep the land in good repair (positive covenant)
• They failed to do so

Issue

• Could the burden of a covenant buy xanax in usa pass at common law?

Decision

• No

Reasoning

• The common law will not impose obligations (to spend money) on third parties automatically, just as equity will not