Each side sought specific performance of a contract set out in a Heads of Agreement document, but one sought an abatement in the price, saying that the seller was unable to deliver the title promised. The seller replied that the document did not impose any obligation to make a particular title.
Held: The appeal and cross appeal failed. The purchasers went ahead based on their own judgment and despite strong advice to the contrary from their solicitors. The judge had properly considered the documents and her conclusions were not to be disturbed.
Mummery LJ, Wall LJ, Stanley Burnton LJ
[2009] EWCA Civ 35
Bailii
England and Wales
Citing:
Cited – McGrory v Alderdale Estate Co HL 1918
Lord Finlay LC discussed the evidence required in an enquiry as to the vendor’s title to be made on an order for specific performance: ‘if the contract is open, the obligation which the law would import into it to make a good title in every respect . .
Appeal from – Ezekiel and Another v Kohali and Another ChD 11-Apr-2008
. .
Cited – Hofer v Strawson ChD 31-Mar-1999
The debtor had agreed to buy a company from the petitioner, the price to be payable in instalments by means of post-dated cheques. The debtor alleged misrepresentation and stopped one of the cheques. The petitioner served a statutory demand based on . .
Lists of cited by and citing cases may be incomplete.
Contract, Land
Updated: 01 November 2021; Ref: scu.280253
