Parol evidence was admitted to identify the 24 acres of land that had been agreed to be sold. It was clear that there was a contract. Its object were the 24 freehold acres of land which the parties had discussed. All evidence to identify the land was receivable. Once that is admitted there is no room for dispute.
The general rule applicable was ‘Id certum est quod certum reddi potest’ – ‘That is certain which can be rendered certain’
Judges:
Lindley LJ
Citations:
[1897] 2 Ch 281
Citing:
Approved – Ogilvie v Foljambe 25-Jul-1817
Sir William Grant said: ‘The subject-matter of the agreement is left, indeed, to be ascertained by extrinsic evidence; and, for that purpose, such evidence may be received. The defendant speaks of ‘Mr Ogilvie’s house’ . . and parol evidence has . .
Cited by:
Cited – Westvilla Properties Ltd v Dow Properties Ltd ChD 15-Jan-2010
The owner sought specific performance of its contract to sell land to the defendant. The land was subject to a proposed lease which the defendant had concluded was uncertain and unattractive, and claimed to have rescinded the contract.
Held: . .
Lists of cited by and citing cases may be incomplete.
Land, Contract
Updated: 02 May 2022; Ref: scu.393013
