References: (1858) 2 De G & J 421, [1858] EngR 673, (1858) 2 De G & J 421, (1858) 44 ER 1053
Links: Commonlii
Ratio:The doctrine of laches and delay did not apply to an express trust, save possibly where there was a release or abandonment by the beneficiary and that was capable of being presumed from the facts of the case.
This case is cited by:
- Cited – Patel and others -v- Shah and others CA (Bailii, [2005] EWCA Civ 157, Times 02-Mar-05)
The parties entered into a commercial agreement for the sale and purchase of properties.
Held: The claimants had failed to meet their part of the bargain, and had failed to make mortgage payments, leaving the defendants to do so. The . . - See Also – Knight -v- Bowyer ([1859] EngR 908, Commonlii, (1859) 4 De G & J 619, (1859) 45 ER 241)
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(This list may be incomplete)
Last Update: 17-Jun-16
Ref: 223436