Smith v Butler

JurisdictionEngland & Wales
Date1900
Year1900
CourtQueen's Bench Division
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13 cases
  • Property & Bloodstock Ltd v Emerton ; Bush and Another v Property & Bloodstock Ltd and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 8 May 1967
    ...( Sandwell Park Colliery Company 1929 1 Chancery page 277); ( Day v. Singleton 1899 2 Chancery page 320); and ( Smith v. Butler 1900 1 Queen's Bench page 694). But none of these four cases was concerned with the exercise of a mortgagee's power of sale, and all of them were cases in which......
  • Total Gas Marketing Ltd v Arco British Ltd
    • United Kingdom
    • House of Lords
    • 20 May 1998
    ... ... Thus is Smith v. Butler [1900] 1 Q.B. 694 where a contract for the sale of land was conditional on the mortgagee consenting to the transfer of a loan to the ... ...
  • Garbutt v Edwards
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 27 October 2005
    ...and the principle is this,—find out the damnification, and then you find out the costs which should be allowed." In the later case of Smith v Butler (1875) LR 19 Eq 473, Sir Richard Malins VC held: "It is of great importance to litigants who are unsuccessful that they should not be oppresse......
  • O'Connor v Coady
    • Ireland
    • Supreme Court
    • 21 October 2004
    ... ... Citations: VENDOR & PURCHASER ACT 1874 SEPIA LTD & OPAL LTD V M & P HANLON LTD & SEABORN LTD 1979 ILRM 11 SMITH V BUTLER 1900 1 QB 694 ABERFOYLE PLANTATION V CHENG 1960 AC 115 MALONEY V ELF INVESTMENTS LTD 1979 ILRM 253 MCKILLOP & ANOR V ... ...
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