Source: All England Reporter
Publisher Citation: [2002] All ER (D) 370 (Jul)
Neutral Citation: [2002] EWCA Civ 1079
Court: Court of Appeal, Civil Division
Judge:

Auld, Robert Walker and Arden LJJ

Representation Derek Wood QC and Stephen Pritchett (instructed by Cobbetts) for the claimant.
  John McGhee (instructed by Eversheds) for the defendant.
Judgment Dates: 25 July 2002

Catchwords

Sale of land - Covenant - Purchaser's covenant - Option agreement containing covenant by purchaser to provide sewers and drains to vendor's retained land - Transfer agreement not containing covenant - Vendor contending purchaser agreeing to remain bound by terms of covenant - Judge finding vendor entitled to rely on covenant in option agreement - Whether judge in error.

The Case

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