Where an estate is purchased at an auction under a mistake as to the lot put up for sale, the Court will not decree specific performance against the purchaser, but leave the vendor, if he has sustained any damage by the mistake of the purchaser, to his remedy at law.
A bill for specific performance was accordingly, under such circumstances, dismissed
[1837] EngR 382, (1836-1837) 2 Keen 25, (1837) 48 ER 537
Commonlii
England and Wales
Contract
Updated: 21 December 2021; Ref: scu.313499