Adderley v Dixon
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1823 |
| Date | 01 January 1823 |
| Court | High Court of Chancery |
English Reports Citation: 57 E.R. 239
HIGH COURT OF CHANCERY
S. C. 2 L. J. Ch. (O. S.) 103. See South African Territories v. Wallington [1898], A. C. 311.
Specific Performance.
[607] adderley v. dixon. Dec. 8, 1823; Feb. 23, 1824. [S. C. 2 L. J. Ch. (0. S.) 103. See South African Territories v. Wallingtm [1898], A. C. 311.] Specific Performance. Specific performance decreed, at the suit of the vendor, of a contract for the sale of debts proved under a commission of bankrupt. The Plaintiffs, having purchased and taken assignments of certain debts which had been proved under two commissions of bankrupt, agreed to sell them to the Defendant for 2s. Gd. in the pound. The Defendant's solicitor, accordingly, gave notice of the sale to the assignees, and prepared an assignment of the debts, and the Plaintiffs, notwithstanding the purchase-money had not been paid, executed it, and signed the receipt for the consideration money, and left it in the solicitor's hands. The bill was filed to compel 240; ADDERL;EY V. DIXON 1 SIM. & ST. M8. the Defendant specifically to perform the agreement, and to pay the purchase-money to the Plaintiffs. The Defendant, by his answer, submitted that the matter of the agreement was not the proper subject of a bill in equity for a specific performance; and claimed the same benefit as if he had demurred to the bill. Mr. Sugden and Mr. Garratt, for the Plaintiffs. It is not stated in the bill whether this agreement was in writing or not. But that is not material, as it [608] baa been decided that an agreement for the sale of a debt is not within the Statute of Frauds. A'nstey v. Harden (1 New Rep. 124). With respect to the question whether this Court has jurisdiction to decree a specific performance of an agreement for the sale of a debt, the case of Wright v. Sell (Dan. 95) contains the judgment of the late Chief Baron upon the very point. That case was diacussed...
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Michael Hoey v Waterways Ireland
...are not considered to be an adequate remedy. It was for this reason that courts of equity developed the remedy of specific performance: Adderley v. Dixon (1824) 57 E.R. 239. Likewise a mortgagor can always obtain an injunction to restrain a mortgagee from wrongfully exercising his rights: K......
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Dellway Investment Ltd and Others v National Asset Management Agency (NAMA) and Others
...1972-3 129 CLR 477 1973 HCA 20 NATIONAL ASSET MANAGEMENT AGENCY ACT 2009 S81 NATIONAL ASSET MANAGEMENT AGENCY ACT 2009 S82 ADDERLEY v DIXON 57 ER 239 1823-4 1 SIM & ST 607 KERR & PATERSON A TREATISE ON THE LAW & PRACTICE OF INJUCTIONS 6ED 1927 523-532 QUENNELL v MALTBY & ANOR 1979 1 WLR 318......
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Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers and Others
... ... ) 3 Atk 383 ), which concerned a contract for the sale of 800 tons of iron involving delivery in instalments over a number of years, and Adderley v Dixon (1824) 1 Sim & St 607 which dealt with a contract for the sale of debts proved in bankruptcy. See also, more recently, AB v University ... ...
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Specific Performance: Sale of Land
...Catholic District School Board , 3 it does not accurately relect the position in Canada. 1 See Adderley v Dixon (1824), 1 Sim & St 607, 57 ER 239 at 240–41, Leach VC (Ch). 2 Semelhago v Paramadevan , [1996] 2 SCR 415 [ Semelhago ]. 3 Southcott Estates Inc v Toronto Catholic District School ......
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Table of Cases
...[2005] O.T.C. 1091, [2005] O.J. No. 5470 (S.C.J.) ....................................... 251 Adderley v. Dixon (1824), 1 Sim. & St. 607, 57 E.R. 239, 2 L.J.O.S. Ch. 103 (Ch.) ............................................................................... 348 Adi v. Datta, 2011 ONSC 2496 ........
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Specific Performance and Injunctions
...472, Kerwin J; Nepean Carleton Developments Ltd v Hope , [1987] 1 SCR 427. 13 See, for example , Adderley v Dixon (1824), 1 Sim & St 607, 57 ER 239 (VC); Flint v Corby (1853), 4 Gr 45 [ Flint v Corby ]. 14 See, for example , Chaulk v Fairview Construction Ltd (1977), 14 Nfld & PEIR 13 (Nf......
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Table of cases
...2018 SKCA 14, leave to appeal to SCC dismissed, 2022 CanLII 1938 ................ 489, 494, 505 Adderley v Dixon (1824), 1 Sim & St 607, 57 ER 239, 2 LJOS Ch 103 (Ch) .....................................................................................484 Adi v Datta, 2011 ONSC 2496 .............