Hudson v Temple
| Jurisdiction | England & Wales |
| Judgment Date | 07 December 1860 |
| Date | 07 December 1860 |
| Court | High Court of Chancery |
English Reports Citation: 54 E.R. 735
ROLLS COURT
S. C. 30 L. J. Ch. 251; 3 L. T. 495; 7 Jur. (N. S.), 248; 9 W. R. 243.
[536] hudson v. temple. Nov. 26, Dec. 7, 1860. [S. C. 30 L. J. Ch. 251 ; 3 L. T. 495 ; 7 Jur. (N. S.) 248; 9 W. E. 243.] Time made of the essence of a contract by a special condition. Upon the sale of some leaseholds, it was stipulated, " that if, from any cause or circum- 736 HUDSON V. TEMPLE 29BBAV.837. stance whatever, the purchase should not be completed " on a day named, the vendor should be at liberty to annul the contract. The purchaser refused to pay the purchase-money on the day named, the only remaining requisitions then being as to the registration of a deed, and the sufficiency of a stamp, which the vendor undertook to supply. The purchaser, on the same day, annulled the contract. Held, that he was justified in so doing. The Plaintiff Mr. Hudson was the assignee of a mortgage, from Mr. Masters to Mr. Falkner, of a leasehold dwelling-house and shop, No. 188 Regent Street, in the county of Middlesex, and of a dwelling-house, situate immediately behind the last-mentioned premises, and being No. 58 King Street, Eegent Street. These were held under a lease dated the 17th of May 1856, whereby they were demised to Mr. Masters for the term of thirty years, from the 25th of March 1856, at the yearly rent of 500, and under and subject to the covenants and conditions. The Plaintiff, having a power of sale, put this property up for sale by auction on the llth of September 1860, subject to certain conditions, the material ones being as follows:- " Third. The purchaser to pay to the auctioneers at the time of sale a deposit of 20 per cent., in part payment of the purchase-money, and sign the subjoined agreement for payment of the remainder and for com-[537]-pletion of the purchase, agreeable to these conditions, at the office of Messrs. Jenkinson, Sweeting & Jenkirison, 7 Clement's Lane, Lombard Street, on the llth day of October next, between the hours of one and two o'clock, in the afternoon, and on such payment being made, the purchaser is to be entitled to the rent of the property from that day, and the possession of the premises." And if, from any cause whatever, the completion of the purchase be delayed beyond the time specified, the purchaser is to pay interest, from that time, on the residue of the purchase-money, at 5 per cent., until the time of actual completion, without making any claim for or being entitled to any compensation in respect of any such delay. " Fourth. The vendor (who is assignee of the mortgagee) will deliver to the purchaser, on application by him or his solicitor, an abstract of his title. The purchaser is not to be at liberty to inquire into or call for the production of the title of the party granting the lease," &c., &c. " Fifth. All objections and requisitions (if any), in respect of the title or assignment, are to be delivered in writing to Messrs. Jenkinson, Sweeting & Jenkinson within seven days from the delivery of the abstract," &c., &c. "And if, from any cause or circumstance whatever, the purchase be not completed, agreeably to these conditions by the time before specified, the vendor is then, or at any time afterwards (unless these conditions be expressly waived in writing by the vendor), to'Jbe at liberty to annul the contract, and in such case, the purchaser is to receive back his deposit in full discharge of all claims and demands against the vendor." The Plaintiff became the purchaser, the abstract was [538] duly delivered, and all the requisitions on title (except the two presently mentioned) being...
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