Smith v Wallace: 1895

Romer J said that a vendor of land wanting to exercise the right of rescission given him by the relevant contract term must do so ‘fairly, and to determine promptly whether he [will] exercise the power or not. He [is] not entitled to take advantage of his position, and to leave the purchaser in ignorance whether the contract [is] to be treated as rescinded or not.’

Judges:

Romer J

Citations:

[1895] 1 Ch 385

Cited by:

CitedAlchemy Estates Ltd v Astor and Another ChD 5-Nov-2008
The parties disputed the effect of a contract between them for the sale of a leasehold property. After exchange the solicitors failed to obtain the landlord’s consent to the proposed assignment as required by the lease. In the meantime the proposed . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 15 May 2022; Ref: scu.277561