Lyle v The Earl of Yarborough
| Jurisdiction | England & Wales |
| Judgment Date | 22 February 1859 |
| Date | 22 February 1859 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 343
HIGH COURT OF CHANCERY
Vendors and Purchasers. Specific Performance. Suit for, by Purchaser. Good Title first shewn after Suit. Costs.
[70] lyle v. the earl of yarborough. Feb. 22, 1859. Vendors and Purchasers. Specific Performance. Suit for, ~by Purchaser. Good Title first shewn after Suit. Costs. The rule which makes the costs of a suit for specific performance depend upon when the title was first shewn, relaxed : 1. Where the requisition was not made until after bill filed ; 2. Where, although the requisition was made before bill filed, the non-compliance was attributable to the circumstance of the purchaser having claimed abatement or com pensation, in respect of which his bill had been dismissed with costs. In July 1853 the Defendant, the Earl of Yarborough, caused the Appuldercombe estate to be put up for sale in lots, by public auction. By the 2d condition of sale the time fixed for the completion of each purchase was the 6th of April 1854; by the 12th condition, that, if any misstatement, error or omission should be found in the particulars of the property, except as to admeasurements, it should not prejudice or affect the sale, but the vendor or the purchaser (as the case might require) should allow or pay a proportionate compensation or equivalent in respect thereof, the amount of which should in case of difference be determined by reference as therein mentioned; and by the 13th condition, that, if the purchaser should not fulfil or comply with any of the conditions, his deposit should, upon such failure or non-compliance, be actually forfeited to the vendor, who might afterwards resell the property in such manner as he might think fit; and the amount 344 LYLE V. THE EARL OF YARBOROUGH JOHNS. 71. of the deficiency (if any) in price which might happen on such resale should be paid to the vendor by the purchaser upon demand. The Plaintiff purchased Lot 3, comprising 226 acres and [71] 10 perches, of which about 37 acres were described as " meadow and pasture," for 6600, upon which sum he paid his deposit; and an agreement, dated the 29th of July 1853, was thereupon signed on behalf of both parties. On the 12th of August 1853 the Plaintiff wrote to the Defendant's solicitors, alleging that, instead of 37 acres of meadow and pasture, Lot 3 contained but 10 or 12 acres answering that description ; and that certain buildings represented in the particulars of the property as comprised in that lot, and therein described as consisting of "a house let to labourers as four tenements, with barn, two stables, cow-house, granary, cart-shed," &c., were not to be included in his purchase; and stating that, for these reasons, he considered himself entitled to abatement or compensation to a considerable amount on account of misdescription ; and in pursuance of the 12th condition he appointed a referee in respect thereof. A correspondence ensued, in the course of which various offers were made on the part of the Defendant to meet the Plaintiff's demand. These were refused by the Plaintiff; and on the 4th of July 1854 the Defendant's solicitors wrote the Plaintiff a formal notice that, unless the balance of his purchase-money, with interest, as provided by the conditions of sale, were paid on or before the 5th of August then next, the deposit paid by him would, under the 14th condition, be considered as forfeited, and the lot purchased by him would be forthwith resold, and he would be held...
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