||All England Reporter
|| All ER (D) 512 (Jul)
|| EWCA Civ 1130
||Court of Appeal, Civil Division
Sedley, Arden LJJ and Wall J
||Oliver Ticciati (instructed by Wilmot & Co) for the claimant.
||Sara Hargreaves (instructed by Charles Russell) for the defendant.
||31 July 2002
Sale of land - Contract - Breach - Defendant offering house and grounds for sale - Claimant inspecting property including flagstones in landscaped garden - Defendant removing flagstones prior to completion of sale - Whether defendant in breach of contract - Whether claimant entitled to restitution.
In everyday house purchases people were entitled to be confident that, unless some different agreement was reached and recorded, the property which was to pass included its fixtures. In the instant case, therefore, the vendor of a house and grounds would be ordered to restore flagstones to their former location in a landscaped garden or to indemnify the purchaser for the cost of doing so.
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