Peers v Lambert
| Jurisdiction | England & Wales |
| Court | High Court of Chancery |
| Judgment Date | 03 May 1844 |
| Date | 03 May 1844 |
English Reports Citation: 49 E.R. 1178
ROLLS COURT
1178 PEERS V. LAMBERT 7BEAV.M6. [546] peers v. lambert. May 3, 1844. A. contracted to sell a wharf on the banks of the Thames, with a jetty. The jetty turned out to be liable to be removed by the Corporation of London, if they thought fit. Held, that the jetty was essential to the beneficial occupation and enjoyment of the premises contracted to be sold, and that a specific performance could not be decreed. This was a bill for specific performance of an agreement. The Plaintiff put up some property for sale by auction, which, in the particulars of sale, was described as a very valuable copyhold property, known as Ashton's Wharf, consisting of superior water-side premises, first-rate wharf, with jetty, extensive warehouses, rigging-house, counting-house, and shop, situate at Blackwall. The particulars also stated, that " this property, of which immediate possession may be obtained, is copyhold of the manor of Stepney, otherwise Stebonheath, subject to a fine on death or alienation of £2, 2s. certain, and to the annual quit rent of 4d." A printed plan was referred to, upon which was delineated a jetty, projecting from the front of the wharf into the Thames. The Defendant became the purchaser for ,£5820, and a bill for specific performance having been instituted, it was referred to the Master to ascertain whether a good title could be shewn. [547] The Master reported " that a good title could be made to the said premises, except as to a certain jetty in the agreement mentioned : and he found, that such good title, except as aforesaid, was first shewn before the...
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