Source: All England Reporter
Publisher Citation: [2004] All ER (D) 34 (Jul)
Neutral Citation: [2004] EWHC 1538 (Ch)
Court: Chancery Division
Judge:

Rimer J

Representation Michael O'Sullivan (instructed by Marsons) for the claimant.
  The first defendant did not appear and was not represented.
  Penelope Reed (instructed by Parrott & Coales) for the second, third and fourth defendants.
Judgment Dates: 2 July 2004

Catchwords

Sale of land - Contract of sale - Option to purchase land - Construction of option clause in testator's will - Time not of the essence.

The Case

The court granted a declaration that the claimant was entitled to enforce an option in the testator's will allowing him to purchase the testator's property for 50,000 on the basis that the time for completion of the sale was not the essence of the contract.

Practice Areas

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