Before the auction, the estate agents had signed a contract to sell the house to the claimant. The Society, as mortgagees, said that the agents did not have authority to bind it, and that the contract did not sufficiently identify the property so as to constitute a memorandum of the sale under the 1989 Act, and refused to complete. He sought damages from the agent. The claimant sought to bring in other evidence to join the memorandum with the special conditions of sale.
Held: The proposed amendment to the pleadings raised an arguable point of law. Leave to appeal was given.
Citations:
[1997] EWCA Civ 2310
Links:
Statutes:
Law of Property (Miscellaneous Provisions) Act l989 2
Jurisdiction:
England and Wales
Citing:
Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – Williams v Attridge Solicitors (a Firm) CA 8-Jul-1997
The solicitor-defendants were seeking to prove a negative and to show at the very outset of the proceedings that the claim should be struck out without the need for any further inquiry. The court considered the admission of new evidence on an appeal . .
Cited by:
leave to Appeal – Rudra v Abbey National Plc and Stickley and Kent (Risk Management Unit) Limited CA 26-Feb-1998
The parties disputed whether a contract had been entered into for the sale of land, and whether new evidence could be entered on an appeal against a strike out. The estate agents had signed a contract as agents for the mortgagee in possession, but . .
Lists of cited by and citing cases may be incomplete.
Contract, Agency, Land
Updated: 14 October 2022; Ref: scu.142708