Harrison v Battye
| Jurisdiction | England & Wales |
| Judge | The Master Of The Rolls,LORD JUSTICE CAIRNS,Sir ERIC SACHS |
| Judgment Date | 04 July 1974 |
| Judgment citation (vLex) | [1974] EWCA Civ J0704-1 |
| Court | Court of Appeal (Civil Division) |
| Date | 04 July 1974 |
[1974] EWCA Civ J0704-1
In The Supreme Court of Judicature
Court of Appeal
Appeal of plaintiffs from order of Vice Chancellor Blackett Ord on 6 November 1973.
The Master of the Rolls (Lord Denning)
Lord Justice Cairns and
Sir Eric Sachs.
Mr. MATTHEW CASWELL (instructed by Messrs. Stollard & Limbrey, agents for Messrs. Gibbs Pollard & Co. of Bradford) appeared on behalf of the Appellant Plaintiffs.
Mr. JOHN H. COLLINS (instructed by Messrs. Waterhouse & Co., agents for Walker Morris & Coles of Bradford) appeared on behalf of the Respondent Defendants.
The question here is whether there was a concluded contract for the sale of land. In September 1972 Mrs. Battye, who was the owner of 27 West End Drive, Horsforth, agreed, subject to contract, to sell the house to Mr. and Mrs. Harrison for the sum of £8250. The vendor's solicitors prepared a draft contract. On 29th September 1972 they sent one copy to the purchaser's solicitors and kept a copy themselves. It was on the Law Society's form of contract for sale, the 1970 edition. The draft prepared by the vendor showed the purchase money was £8250; the deposit was £825; so that the net figure was £7425. Condition 5(2) said that: "Where exchange of contracts is effected by post the contract shall be made when the last part is actually posted."
A few days later on 6th October 1972 there was telephone conversation between the solicitors for each side. They agreed that the amount of the deposit should be varied. Instead of £825, it was to be reduced to £100 because completion was to be had in a few days. There was no difficulty about the title, because it was registered land.
On the same day, 6th October 1972 the purchasers' solicitors amended the draft In their possession by striking out the deposit £325" and inserting in ink "£100", thus making the balance "£8150". They got that amended draft signed by the purchaser. They set It out to the vendors solicitors in a letter of 6th October 1972, saying: "Further to your telephone conversation with us today, we now enclose Contract signed by our client together with cheque for £100 the deposit. We are enclosing the deposit to facilitate exchange of Contracts."
The vendors solicitors duly received that amended part signed by the purchasers. They meant to amend the vendors' part also so as to correspond with the variation to £100 deposit.
The question here is whether there was a concluded contract for the sale of land. In September 1972 Mrs. Battye, who was the owner of 27 West End Drive, Horsforth, agreed, subject to contract, to sell the house to Mr. and Mrs. Harrison for the sum of £8250. The vendor's solicitors prepared a draft contract. On 29th September 1972 they sent one copy to the purchaser's solicitors and kept a copy themselves. It was on the Law Society's form of contract for sale, the 1970 edition. The draft prepared by the vendor showed the purchase money was £8250; the deposit was £825; so that the net figure was £7425. Condition 5(2} said that: "Where exchange of contracts is effected by post the contract shall be made when the last part is actually posted."
A few days later on 6th October 1972 there was telephone conversation between the solicitors for each side. They agreed that the amount of the deposit should be varied. Instead of £825. It was to be reduced to £100 because completion was to be had in a few days. There was no difficulty about the title, because It was registered land.
On the same day, 6th October 1972 the purchasers' solicitors amended the draft in their possession by striking out the deposit £825" and inserting in ink "£100", thus making the balance £8150". They got that amended draft signed by the purchaser. They set it out to the vendors' solicitors in a letter of 6th October 1972, saying: "Further to your telephone conversation with us today, we now enclose Contract signed by our client together with cheque for £100 the deposit. We are enclosing the deposit to facilitate exchange of Contracts."
The vendors' solicitors duly reoeived that amended part signed by the purchasers. They meant to amend the vendors' part also so as to correspond with the variation to £100 deposit.
But they did not get the vendors' part amended. They only had the original draft signed by the vendors in its unamended form with the deposit stated as "£825". That was a mistake. Some one in the office overlooked it....
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