The fact that a date has not been inserted into a deed does not generally affect its validity, which usually takes effect from the date of its delivery. Parol evidence is admissible to show when it was written and from what date it was intended to operate.
A vendor may waive a provision that the balance of the purchase price be secured to his satisfaction and could sue the purchaser for specific performance after foregoing that provision which was one solely for his benefit. However, when a contract is once made, no conduct or verbal waiver can be relied upon to substitute a different term from one appearing in the contract itself.
Judges:
Astbury J
Citations:
[1913] 2 Ch 648
Jurisdiction:
England and Wales
Cited by:
Cited – Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd and Another TCC 10-Oct-2008
The parties had agreed for the sale of land under an option agreement. The builder purchasers now sought to exercise rights to adjust the price downwards.
Held: The provisions had been intended and had achieved a prompt and binding settlement . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 10 May 2022; Ref: scu.277762