Darbey v Whitaker and Another
| Jurisdiction | England & Wales |
| Judgment Date | 13 July 1857 |
| Date | 13 July 1857 |
| Court | High Court of Chancery |
English Reports Citation: 62 E.R. 52
HIGH COURT OF CHANCERY
S. C. 5 W. R. 772. See Richardson. v. Smith, 1870, L. R. 5 Ch. 652; Hart v. Hart, 1881, 18 Ch. D. 688.
Specific Performance. Jurisdiction.
[134] da'rbey v. whitaker and another. July 13, 1857. [S. C. 5 W. R. 772. See Bichardson v. Smith, 1870, L. E. 5 Gh. 652; Hart v. Hart, 1881, 18 Ch. D. 688.] Specific Performance. Jurisdiction. An agreement for sale of leasehold premises and the goodwill of a trade, and certain fixtures to be taken at a valuation, to be made by two gaugers, to be named, or their umpire. Held, that the Court could not decree specific performance of an agreement, one part of which was left to be determined by arbitration. This was a bill for specific performance. By lease, dated the 6th day of May 1851, and made between Thomas Wood of the one part, and the Plaintiff of the other part, certain premises, known as the 4 DREWRY, 135. DABBEY ò& WH1TAEER , 53 "Royal Albert, ".at the date of; the: bill occupied by the Plaintiff as a beer-house, were demised to the,Plaintiff, his executors, administrators and assigns, from the 29th day of September 1847, for the term of: twenty-one years, at a rent of £80. The Plaintiff and the Defendants respectively entered £135] into and signed the following agreement in writing:-"Memorandum of an agreement made and entered into this 23d day of October 1856, between Mr. Frederick Darbey, of Albert Terrace, Paddington (hereinafter called the vendor), of the one part, and Thomas Whitaker and William Abbey York, of 6 Hawley Place, Kentish Town (hereinafter called purchasers), of the other part. The said vendor^ in consideration of the sum of £50 to him now paid by the said purchasers, as the said vendor doth hereby acknowledge, by way of deposit, ajnd dm part of the sum of £545, the consideration agreed to be given for the purchase of the lease of the messuage or tenement hereinafter mentioned, and for the trade, goodwill and possession thereof, and of the residue of such purchase-money to be paid as hereinafter stipulated, agrees, on or before the llth day of November next, to assign unto the purchasers, their executors, administrators or assigns, or such person as they shall appoint, all that messuage, tenement or beerhouse called the Eoyal Albert, situate in Albert Terrace, Bishop's Road, Paddington, with the yard, out-buildings and appurtenances thereto belonging, for the residue of a term of years, for which the said vendor holds the same...
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