Lord Rangelach v Melton
| Jurisdiction | England & Wales |
| Judgment Date | 14 November 1864 |
| Date | 14 November 1864 |
| Court | High Court of Chancery |
English Reports Citation: 62 E.R. 627
HIGH COURT OF CHANCERY
S. C. 5 N. R. 101; 34 L. J. Ch. 227; 10 Jur. (N. S.)1141; 11 L. T. 409; 13 W. R. 150.
Specific Performance. Option of Purchase. "At the Expiration" Vendor and Purchaser.
[278] lord eanelagh v. melton. Nov. 14, 1864. [S. C. 5 N. E. 101; 34 L. J. Ch. 227; 10 Jur. (N. S.) 1141; 11 L. T. 409; 13 W. E. 150.] Specific Performance. Option of Purchase. " At the Expiration." Vendor and Purchaser. Articles of agreement for a lease contained a proviso that if, at any time within a certain period, the lessees should desire to purchase the fee-simple, and should give three months' notice of such their desire, and should, " at the expiration of such notice, pay unto him (the lessor) the sum of 210 in respect of each plot, &e., then the lessor shall and will convey the freehold " to the lessee. Notice to purchase was given in due course ; but the three months after the notice having been allowed to elapse without the money being paid the lessor refused to carry out the agreement for sale. Upon bill by lessee for specific performance: Held, that, " at the expiration " meant the precise day on which the notice expired; that, until the condition of paying the money was performed, the relation of vendor and purchaser did not arise ; that time was of the essence of the contract; and that the money not being paid at the fixed time the lessee had lost his right to purchase; and the Court refused specific performance, and dismissed the bill with costs. This was a suit for specific performance. By articles of agreement, bearing date the 22d day of December 1827, the Defendant, William Melton, agreed to lease certain plots of land in Eiehmond Eoad, Eound Hill Park, Brighton, to Henry Banks and Joseph Vinall, for a term of ninety-nine years from June 1856, subject to certain ground-rents; and the articles of agreement contained the following clause :- "In case, at any time within the space of seven years from the 23d day of June 1856, the lessees shall be desirous of purchasing the fee-simple and inheritance of all or any one of the said plots of ground, and of such their desire shall give three months' 628 LORD RANELAGH V. MELTON 2 DK. & SM. 279. notice to the lessor, and shall, at the expiration of such notice, pay unto him the sum of 210 in respect of each plot mentioned in such notice, and all rent payable to and including the current quarter, then the lessor shall and will convey the...
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...consequently failed. In reaching this conclusion, the learned judge relied on the decision of Vice-Chancellor Kindersley in Lord Ranelagh v. Melton, 2 Drewry & Smale, page 278, from whose judgment he quoted at some length. 9 On this appeal it has been common ground that the Issue between th......
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