It was not a sufficient misdescription of land under a contract to allow rescission, that the vendor had no title to 339 square yards out of the 1372 square yards at which it had been estimated. A clause in the contract allowed for a possibility of compensation for any error pointed out before completion. The buyer was restricted to that compensation, and had to proceed to complete.
Only covenants relating to benefitted land, and not covenants personal to a vendor, will run with the burdened land.
Judges:
Lord Esher MR
Citations:
(1889) 42 ChD 150, [1889] UKLawRpCh 93
Links:
Jurisdiction:
England and Wales
Land, Contract
Updated: 23 March 2022; Ref: scu.219176