Source: All England Reporter
Publisher Citation: [2002] All ER (D) 527 (Jul)
Court: Chancery Division

Judge Toulmin QC sitting as a judge of the High Court

Representation Adrian Iles (instructed by Richard West Christofi) for the claimant.
  Mark Warwick (instructed by Lucas McMullen Jacobs) for the defendant.
Judgment Dates: 31 July 2002


Sale of land - Contract - Completion - Defendant purchasing property from third party - Claimant purchasing property from defendant - Claimant querying whether purchase from third party at an undervalue - Defendant alleging claimant breaching contractual obligation - Defendant alleging contract for sale of property rescinded - Whether claimant entitled to specific performance.

The Case

In the circumstances of the instant case, the claimant was entitled to refuse to complete the contract for sale until the defendant had answered the requisitions in respect of the prior purchase in a manner which demonstrated to the claimant that the defendant had a good title to the property.

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