Adderley v Dixon

JurisdictionEngland & Wales
Judgment Date01 January 1823
Date01 January 1823
CourtHigh Court of Chancery

English Reports Citation: 57 E.R. 239

HIGH COURT OF CHANCERY

Adderley
and
Dixon

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...

To continue reading

Request your trial
64 cases
  • Michael Hoey v Waterways Ireland
    • Ireland
    • Supreme Court
    • 28 May 2021
    ...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......
  • Dellway Investment Ltd and Others v National Asset Management Agency (NAMA) and Others
    • Ireland
    • Supreme Court
    • 12 April 2011
    ...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......
  • Beswick v Beswick
    • United Kingdom
    • Court of Appeal
    • 22 June 1966
    ...similar liability on the other party even though his obligation under the contract is only to pay money by instalments. Adderley v. Dixon, 57 E.R. 239: Swift v. Swift, 3 Ir. Eq. Rep. 267. It is true that in these cases the plaintiff was the party entitled to be paid the money and could have......
  • E C Investment Holding Pte Ltd v Ridout Residence Pte Ltd and another (Orion Oil Limited and another, Interveners)
    • Singapore
    • High Court (Singapore)
    • 15 September 2010
    ...not an adequate remedy for failure by a vendor to complete a contract for the sale of land (Adderley v Dixon (1824) 1 Sim & St 607 at 610; 57 ER 239 at 240; Dougan v Ley (1946) 71 CLR 142 at 150 per Dixon J), even if the purchaser is acquiring the lands as, in effect, part of his stock-in-t......
  • Request a trial to view additional results
13 books & journal articles
  • Sources of Rights
    • Canada
    • Irwin Books The Law of Property
    • 5 August 2021
    ...a comparable substitute property is not readily available. . . . [O]n the basis of the evidence, the prospective 192 (1824) 1 Sim & St 607, 57 ER 239 at 240. 193 [1996] 2 SCR 415, 136 DLR (4th) 1 [ Semelhago ]. 194 Ibid at 10–11. THE LAW OF PROPERTY 220 purchaser must discharge the overall ......
  • Table of Cases
    • Canada
    • Irwin Books The Law of Property
    • 5 August 2021
    ...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......
  • Specific Performance and Injunctions
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Remedies
    • 4 August 2020
    ...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......
  • Specific Performance: Sale of Land
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • 18 November 2023
    ...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 ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT