Where a vendor, from inability to make out a title, fails to complete a contract for the sale of an estate, the purchaser cannot recover as damages, expenses incurred previously to entering into the contract ; nor the expense of a survey of the estate ; nor the expense of a conveyance drawn in anticipation of a completion of the purchase ; nor the extra costs of a chancery suit touching the purchase, in which the vendor is defeated; nor losses sustained by the purchaser, in the resale of stock prepared for the estate. But he is entitled to recover the expense of comparing deeds, of searching for judgments, and of journies for that purpose ; and interest on his deposit money.
Citations:
[1835] EngR 442, (1835) 1 Bing NC 492, (1835) 131 ER 1207
Links:
Jurisdiction:
England and Wales
Land, Contract
Updated: 19 August 2022; Ref: scu.315950