Engell v Fitch: ChD 1869

The lease of land was sold at auction. The conditions of sale provided for possessionto be given on completion. The vendors, mortgagees with the right of sale, were unwilling to incur the expense of recovering possession.
Held: The vendor was under a duty to do everything possible to make good title. The ordinary rule which would limit the damages on the purchase of real property did not apply. The purchaser could recover, the deposit expenses of investigating title, the loss of profit on a resale and cost of conveyance to a sub-vendee. The measure was the difference between the price in the contract and the value of land at the time of the breach.

Citations:

(1869) LR 4 QB 659, 10 BandS 738, 38 LJQB 304, 17 WR 894 ex Ch

Jurisdiction:

England and Wales

Cited by:

CitedRe Daniel, Daniel v Vassall 1917
The vendor of land who, whether through innocent or wiful default, or with or without bad faith, fails to do everything possible to make good title, makes himself liable in damages for the general losses of the purchaser, including any loss of . .
Lists of cited by and citing cases may be incomplete.

Land, Damages, Contract

Updated: 08 May 2022; Ref: scu.183264