Hill v Buckley
| Jurisdiction | England & Wales |
| Judgment Date | 29 January 1811 |
| Date | 29 January 1811 |
| Court | High Court of Chancery |
English Reports Citation: 34 E.R. 153
HIGH COURT OF CHANCERY
See Whatley v. Slade, 1830, 4 Sim. 127; Crompton v. Lord Melbourne, 1832, 5 Sim. 364.
17 VE3. JUN. 395. : HILL V. BUCKLEY 153 hill v. buckley. Rolls. Jan. 24i/i and '22th, 1811. [See Whatley v. Slade, 1830, 4 Sim. 127 ; Grampian v. Lord Melbourne, 1832, 5 Sim. 364.] General Rule of specific performance, that the purchaser shall have what the Vendor can give ; with an abatement out of the purchase-money for so much as the quantity falls short of the representation. Enforced against trustees for infants upon the mere mistake of their agent, without fraud, &c. : but the relief adapted to the justice of the case : viz. the purchase being of wood upon a gross valuation, without regard to the quantity of land, an abatement for a deficiency of quantity, from erroneously inserting the hedges and fences, not included in the purchase, was directed with reference to land merely, not wood land. The Bill prayed the specific performance of a contract for the sale of an estate by the Defendants, [395] devisees in trust, to the Plaintiff ; with an abatement out of the purchase-money in respect of a deficiency in quantity. The particular represented Kestle woods, part of the premises, included in the contract, as containing two hundred and seventeen acres and ten perches of statute measure ; in which was included a marsh, called Gulherry marsh. The draft of the agreement, sent by the Defendants' agent to the agent for the Plaintiff, by whom it was engrossed, described the woods as containing together with the hedges and fences thereof two hundred and seventeen acres and ten perches, and the meadow, adjoining the said woods, called Gulberry marsh, as containing two acres and twenty-four perches. The Bill stated, that upon perusing the draft of the contract, previous to the engrossment, the Plaintiff objected to the words " be the same more or less " being added to the specification of the quantity of acres ; as the woods were stated in the particular to contain two hundred and seventeen acres and ten perches ; and the Plaintiff and his agent had no opportunity of ascertaining the correctness of the statement : but the Plaintiff formed his judgment of the value from the particular ; and therefore insisted, that such words should be omitted in the engrossment. The Plaintiff's agent, having engrossed the contract accordingly, with that alteration, transmitted it to the Defendants' agent for his signature; with a letter, stating, that he had made some alterations of no material consequence. After the contract had been returned, executed by the Defendants' agent, the Plaintiff, in the course of a treaty to sell the woods to another [396] person had the fh'st intimation from an estimate and measurement, shewn to him, of a deficiency in the quantity and by measurement, which was furnished upon application to the Defendants' agont, it plainly appears, that the statement upon which he purchased is erroneous ; and instead of the woods, including Gulberry marsh, containing two hundred and seventeen acres and ten perches, they do not contain, more than one hundred and ninety-one acres. The Defendants by their answer stated, that in a map book, in the possession of their agont, containing a copy of two valuations, formerly made, the said woods, exclusive of Gulberry marsh, are stated to contain 188 acres, 1 rood, 4 perches...
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...contract price is reduced by a proportionate amount". In 'n ou saak van 1811 word die grondslag baie duidelik uitgebring. Hill v Buckley, 34 E.R. 153 te bl. 155. Daar sê die MASTER OF THE ROLLS die H "Where a misrepresentation is made as to the quantity, though innocently, I apprehend the r......
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Welgemoed en Andere v Sauer
...contract price is reduced by a proportionate amount". In 'n ou saak van 1811 word die grondslag baie duidelik uitgebring. Hill v Buckley, 34 E.R. 153 te bl. 155. Daar sê die MASTER OF THE ROLLS die H "Where a misrepresentation is made as to the quantity, though innocently, I apprehend the r......