Cann v Cann
| Jurisdiction | England & Wales |
| Judgment Date | 06 April 1830 |
| Date | 06 April 1830 |
| Court | High Court of Chancery |
English Reports Citation: 57 E.R. 1065
HIGH COURT OF CHANCERY
See Manson v. Thacker, 1878, 7 Ch. D. 623; In re Turner and Skelton, 1879, 13 Ch. D. 132; Brett v. Clowser, 1880, 5 C. P. D. 389; Joliffe v. Baker, 1883, 11 Q. B. D. 264. Followed, Palmer v. Johnson, 1883-84, 12 Q. B. D. 35; 13 Q. B. D. 351.
Vendor and Purchaser. Compensation.
[447] cann v. cann. April 6, 1830. [See Hanson v. Thacker, 1878, 7 Ch. D. 623 ; In re Turner and Skelton, 1879, 13 Ch. D. 132; Brett v. Clowser, 1880, 5 C. P. D. 389; Jolife v. Baker, 1883, 11 Q. B. D. 264. Followed, Paluier v. Johnson, 1883-84, 12 Q. B. D. 35; 13 Q. B. D. 351.] Vendor and Purchaser. Compensation. An estate sold under a decree was described as of a certain annual value: and, by the conditions, compensation was to be made for any error in the particular. The purchaser paid his money into Court, was let into possession, and took a conveyance. After he got into possession he discovered that the rent was over-stated in the particular: Held that he was entitled to a compensation out of his purchase-money. In April 1824 certain premises were put up for sale by auction, under an order in this cause. In the printed particulars, the premises were stated to consist of a farm- V.-C. ii.-34* 1066 CANN V. CANN 3 SIM. 448. house and other buildings, and 160 acres of land, more or less, situate in the parish of Drew Steignton in Devonshire, and to be then in the occupation of certain persons, as the tenants thereof from year to year, at a rent of 55 per annum. By one of the conditions of sale it was provided that, if there should appear any error or mistake in the description, or admeasurement of the estate in the particular, or any other error or mistake whatever should appear respecting the estate, or any part thereof, such error or mistake should not annul the sale, but a compensation or equivaleut should be given or taken as the case might require, such compensation or equivalent to be determined by the Master. Upou the faith of the representations in the particular, J. W. Phipson became the purchaser of the estate with the timber thereon, for 2112, 3s.; and paid a deposit upon that sum. He was afterwards confirmed the purchaser; and in March 1825 he paid into the bank, in trust in the cause, the remainder of his purchase-money, which was not to be paid out without notice to him. The purchase-money was laid out in the usual manner; and Mr. Phipson was let into possession of the premises from the...
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