Lord Finlay LC discussed the evidence required in an enquiry as to the vendor’s title to be made on an order for specific performance: ‘if the contract is open, the obligation which the law would import into it to make a good title in every respect may be rebutted by proving that the purchaser entered into the contract with knowledge of certain defects in the title. The inference in such a case is that he was content to take a title less complete than that which the law would otherwise have given him by implication.’
Viscount Haldane said that where the bargain for title is implied and not expressed, evidence can be ‘admitted to show that, in view of the knowledge of the parties prior to the contract, the usual implication to show a full title ought not to be made.’
Judges:
Lord Finlay LC, Viscount Haldane
Citations:
[1918] AC 503
Jurisdiction:
England and Wales
Citing:
Appeal from – Alderdale Estate Company v McGrary CA 1917
. .
Cited by:
Cited – Ezekiel and Another v Kohali and Another CA 30-Jan-2009
Each side sought specific performance of a contract set out in a Heads of Agreement document, but one sought an abatement in the price, saying that the seller was unable to deliver the title promised. The seller replied that the document did not . .
Lists of cited by and citing cases may be incomplete.
Land, Contract
Updated: 07 May 2022; Ref: scu.280273