A Manual of the Principles of Equity; A Concise and Explanatory Treatise Intended for the Use of Students & the Profession
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Home > History and Archaeology > History > A Manual of the Principles of Equity; A Concise and Explanatory Treatise Intended for the Use of Students & the Profession
A Manual of the Principles of Equity; A Concise and Explanatory Treatise Intended for the Use of Students & the Profession

A Manual of the Principles of Equity; A Concise and Explanatory Treatise Intended for the Use of Students & the Profession


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 Excerpt: ...that certain of its terms contract not nave not Deen complied with, yet if such terms do strictly not pertain to the essence of the contract, or if there observed. has been a slight misdescription of the property, the Court will decree specific performance, even in favour of the party chargeable with the non-compliance or misdescription, if compensation can be made for any injury occasioned to the other party (/). The most important point to be considered in connection with (b) Story, 485, 486. (c) 1 Wh. & Tu., 942; Fry on Specific Performance, 34. (d) May v. Thompson, 20 Ch. D., 705; 51 L. J., Ch., 917. (e) Whittaker v. Howe, 3 Beav., 383. (/) Story, 515, 616. this rule is, that of the vendor not having the same interest in the estate as he has contracted to sell. Where there is an agreement to sell property, and When the the vendor knows at the time that he has not got decree in every respect what he contracts to sell, then upon specific J c r. performance the commonest principles of fraud, the Court will with compennot decree specific performance at his instance. And sa-ionwhere though the vendor was ignorant of his want of title, yet the failure to perform the contract is substantial, so that in fact it would appear that if there had been no misdescription the person would not'have agreed to purchase, then equally the Court will not decree specific performance against the purchaser. But where the misdescription is unknown to the vendor, and the purchaser can get substantially what he contracted for, then the Court will decree specific performance even at the vendor's instance, giving compensation to the purchaser for the misdescription, in the shape of an abatement of the purchase-money (g). Thus, where the vendor could not make a good title to a sm...


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Product Details
  • ISBN-13: 9781159725938
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 132
  • Spine Width: 7 mm
  • Width: 189 mm
  • ISBN-10: 1159725934
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 249 gr

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A Manual of the Principles of Equity; A Concise and Explanatory Treatise Intended for the Use of Students & the Profession
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