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The Law Relating to Particulars and Conditions of Sale on a Sale of Land
William Frederick Webster
No preview available - 2012
29 Beav absence of stipulation abstract abstract of title acres action of deceit agent agreement aliunde amount Beav breach chaser common mistake compelled condition for compensation conditions of sale contained copyhold Court damages decision defect deposit doubtful easements enforce entitle the purchaser essential evidence expense fact fee simple fixed for completion fraud freehold grant ground ibid incumbrances Jessel L. J. Ch land lease leasehold lessee lessor liable liquidated damages Lord Lord Eldon lots Madd ment mentioned misdescription misrepresentation mortgage notice objection paid parol particulars parties patent defect pay interest payable payment person possession preclude the purchaser purchase-money purchaser's refused relief rent representation require requisitions rescind reserve restrictive covenants rule sect sell Smith sold solicitor specific performance statement Statute of Frauds sufficient tenant timber tion title deeds trustees underlease valuation vendor and purchaser vendor's title waived waiver
Page 375 - That no action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which. such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized,
Page 80 - Ignorantia juris haud excusat ' ; but in that maxim the word ' jus ' is used in the sense of denoting general law. the ordinary law of the country. But when the word ' jus ' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of (1) LR 2 HL, 149.
Page 13 - Journal. Smith's Manual of Equity Jurisprudence. — A Manual of Equity Jurisprudence for Practitioners and Students, founded on the Works of Story, Spence, and other writers, and on more than, a thousand subsequent cases, comprising the Fundamental Principles and the points of Equity usually occurring in General Practice. By JOSIAH W. SMITH, BCL, QC Thirteenth Edition. 12mo. 1880. 12».
Page 92 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 228 - ... any such deed, will, or document, or the title prior to that time, notwithstanding that any such deed, will, or other document, or that prior title is recited, covenanted to be produced or noticed...
Page 226 - In the completion of any such contract as aforesaid, and subject to any stipulation to the contrary in the contract, the obligations and rights of vendor and purchaser shall be regulated by the following rules : that is to say — First. —Under a contract to grant or assign a term of years, whether derived or to be derived out of a freehold or leasehold estate, the intended lessee or assign shall not be entitled to call for the title to the freehold.
Page 232 - Recitals, statements, and descriptions of facts, matters, and parties contained in deeds, instruments, Acts of Parliament, or statutory declarations, twenty years old at the date of the contract, shall, unless and except so far as they shall he proved to be inaccurate, be taken to be sufficient evidence of the truth of such facts, matters, and descriptions.
Page 32 - There must be a misstatement of an existing fact, but the state of a man's mind is as much a fact as the state of his digestion.
Page 127 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 58 - ... the result of his own investigation and inquiry, and not upon the representations made to him by the other party : or if the means of investigation and verification be at hand, and the attention of the party receiving the representations be drawn to them, the circumstances of the case may be such, as to make it incumbent on a court of justice to impute to him a knowledge of the result, which, upon due inquiry, he ought to have obtained, and thus the notion of reliance' on the representations...