In an action to recover the deposit on the purchase of an estate on the ground of a defect in the vendor’s title, specified on rescinding the contract, no objection can be insisted on at the trial which was not stated as a reason for refusing to complete the contract, if it be of such a nature that it might, if then stated, have been removed.
[1827] EngR 886, (1827) M and M 128, (1827) 173 ER 1105 (B)
Commonlii
England and Wales
Land
Updated: 16 December 2021; Ref: scu.324640