Spencer's Case Law and Legal Definition

Spencer's case is a leading English case on the law of covenants. According to the first resolution in Spencer's case, if the covenant relates to a thing in esse, parcel of the demise, and which directly touches or concerns the thing demised, it binds the assignee although he be not named; and by the second resolution, if the covenant relates to a thing not in esse but the thing is to be done upon the land demised, the assignee, if named, will be bound by the covenant, but not otherwise. [Purvis v. Shuman, 273 Ill. 286 (Ill. 1916)].