| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 58 (Jul) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Chadwick, Rix and Carnwath LJJ |
| Representation | The claimant appeared by his representative. |
| Richard de Lacy QC (instructed by Emrys Jones & Co, Welshpool) instructed by the defendant. | |
| Judgment Dates: | 5 July 2005 |
Catchwords
Sale of Land - Contract - Mistake - Buildings found on land purchased by claimant sold to third party following mistake by auctioneers - Whether buildings excluded from contract of sale.
The Case
In proceedings concerning a dispute in respect of a plot of land purchased at an auction, the court allowed the claimant's appeal against the recorder's decision, inter alia, that certain agricultural buildings were excluded from the contract of sale, and affirmed the claimant's contract with an abatement of the purchase price to reflect the sale of the buildings to a third party.
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