Peart v Bushell

JurisdictionEngland & Wales
Judgment Date06 August 1827
Date06 August 1827
CourtHigh Court of Chancery

English Reports Citation: 57 E.R. 705

HIGH COURT OF CHANCERY

Peart
and
Bushell. 1

Jurisdiction. Solicitor.

2 SIM. 38. PEART V. BUSHELL 705 ij j i ' .ò I /I/?- S"'-l' *---òò /Jf( jVif^ :3yt [38] peart v. bushell.(!) August 6, 1827. Jurisdiction. Solicitor. The Court will not exercise its summary jurisdiction to compel a vendor's solicitor to perform an undertaking, given by him at the sale, to do certain acts for clearing the title to the estate. This was a petition by a purchaser, who had paid the purchase-money for an estate, to compel the vendor's solicitor to perform an undertaking, which he had givei at the sale, to cause satisfaction to be entered...

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3 cases
  • Kanat Shaikhanovich Assaubayev and Others (Claimants v Michael Wilson & Partners, Ltd (Defendant
    • United Kingdom
    • Queen's Bench Division
    • 21 March 2014
    ...on which it is based and I doubt whether it is an accurate statement of the law. It appears to depend on the authority of Peart v. Bushell, 2 Sim. 38, and I agree with the criticism of that case made by Hamilton J. in United Mining and Finance Corporation Ltd. v. Becher [1910] 2 K.B. 296, 3......
  • Udall v Capri Lighting Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 March 1987
    ...to conceive of a solicitor giving an undertaking which it is impossible to carry out. But there is a point to that effect in the case of Peart v. Bushell (1827) 2 Sin. 38." 10 After pointing out that Lord Sumner (as Mr. Justice Hamilton) had questioned the authority of the report and refuse......
  • Peck v Beechey
    • United Kingdom
    • High Court of Chancery
    • 6 August 1827
    ...petition. the VrCE-CHAKCELLOR [Sir Anthony Hart]. Lord Eldon has expressed himself (1) Ex relatione. V.-C. it.-23 706 HALL V. JONES 2 SIM57 E.R. 705 HIGH COURT OF Beechey. 1 Jurisdiction. [40] peck v. beechey.(!) August 6, 1827. Jurisdiction.. The Court has no authority to advance part of t......