The vendor had agreed to grant a 21 year lease over certain land. In fact he only had an eight year lease in half the land. When the contract went off on account of the inability of the vendor to grant the lease contracted for the purchaser claimed a lien to secure repayment to him of expenditure on improvements undertaken by him pursuant to a term in the contract.
Held: The claim succeeded to the extent of the vendor’s interest. In law the contract took effect as one to assign such interest as the vendor did have.
Judges:
Page-Wood V-C
Citations:
(1864) 2 HandM 233
Cited by:
Cited – Chattey and Another v Farndale Holdings Inc and others CA 11-Oct-1996
The plaintiffs had paid deposits for apartments which were to be built. After the developer became insolvent the plaintiffs sought recovery of the deposits, saying they had a lien which preceded the claims of chargees.
Held: The one appeal . .
Lists of cited by and citing cases may be incomplete.
Contract, Land
Updated: 01 May 2022; Ref: scu.259720