The parties contracted for the sale and purchase of land. A mortgage receipt was executed by a different company (Barclays Bank Trust Co ltd, not Barclays Bank Ltd) and therefore did not operate as a statutory receipt to discharge it. The plaintiff purchaser requisitioned a discharge. The defendant replied with a confirmation of release from both banks, but the plaintiff refused to complete and sought return of his deposit.
Held: The receipt did show that the money had been paid and the mortgage discharged. The receipt implied an authority to act on behalf of the original chargee, even if it did not strictly comply. There was no defect in the title. The second receipt, in any event satisfied the requisition.
Judges:
Brightman J
Citations:
(1975) 235 EG 901, Times 18-Jun-1975
Statutes:
Jurisdiction:
England and Wales
Cited by:
Considered – Aero Properties Ltd and Another v Citycrest Properties Ltd and Another ChD 6-Feb-2002
Contracts were entered into for the sale of five flats. Completion of each contract was conditional upon simultaneous completion of the others. Completion did not occur, and the defendant sellers issued a notice to complete, then rescinded the . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 10 September 2022; Ref: scu.183151