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 before your Honor in Withy v. Cattle (ante, p. 174), and your Honor there decreed a specific performance of an agreement for the purchase of an annuity payable out of the dividends of stock. It is settled that a person who wants a specific chattel may eome into this Court to have it delivered to him, as in the case of The Pusey Horn (P-usey v. Pusey, 1 Vern. 273), and The Tobacco-bm; (Fells v. Bead, 3 Ves. 70 ; see also Duke of Somerset v. Coolcson, 3 P. W. 390). If then the purchaser in this case might have filed a bill for a specific performance of the...
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Table of Cases
...v Lapin, [1934] AC 491 at 504 (PC) ....................................................... 255 Adderley v Dixon (1824), 1 Sim & St 607, 57 ER 239 .................................. 218–19 Adeyinka Oyekan v Musendiku Adele (1957), 1 WLR 876 (PC)......................... 59 Agra Bank Ltd v Ba......
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...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
...[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 ........