The appellants appealed an order that property be part of the estate of the deceased. There had been an agreement to assign the reversion of the lease to the claimant. That was not completed, but he later acquired the freehold reversion. No written agreement existed, and the claimant asserted a right based upon part performance.
Held: The claimant sought to assert both that it the freehold was held on trust for it and that there was a contract. He could not plead both. There was neither an enforceable contract for the sale of the freehold to Inglorest nor a resulting trust in its favour.
Lord Justice Mummery Sir Martin Nourse Lord Justice Kay
[2004] EWCA Civ 408
Bailii
England and Wales
Citing:
Cited – Steadman v Steadman HL 1976
A mere payment of a sum of money might amount to an act of part performance, as might the act of a purchaser instructing solicitors to prepare and submit a draft conveyance or transfer, so as to leave asituation capable of enforcement in equity. . .
Cited – Davis v Whitby CA 1974
The court discussed the need for some system of acquisition of right by user.
Lord Denning MR said: ‘the long user as of right should by our law be given a lawful origin if that can be done.’
Stamp LJ said: ‘if long enjoyment of a right . .
Cited – Joyce v Joyce 2-Jan-1978
A claim was made for specific performance of an oral agreement to sell shares.
Held: The plaintiff had failed to show that if he issued another writ for the same relief, it would be not be defeated by the doctrine of laches. Payment of the . .
Cited – Joyce v Barker Bros (Builders) Ltd 1980
The rule that where in a deed there are two contradictory provisions, the earlier provision prevails over the later is ‘an absolutely last resort in construction’. . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.195094
