References: [1997] EWCA Civ 2419
Links: Bailii
This case cites:
- Cited – Lord Ranelagh -v- Melton ((1864) 2 Drew & Sm 278)
The tenants were given an option in the lease to purchase the freehold: ‘if . . the lessees . . should give three months notice . . and should at the expiration of such notice pay . .’,
Held: Time was of the essence: ‘I apprehend the rule of . . - Cited – Dibbins -v- Dibbins ([1896] 2 Ch 348, [1896] 65 LJ Ch 724, 75 LT 137, 44 WR 595, 40 Sol Jo 599)
A partnership deed provided an option for a surviving partner to purchase a deceased’s partner’s share upon giving notice within three months of the death. The partner who survived was not of sound mind, but his solicitor gave timely notice, later . .