Von Hatzfeldt-Wildenburg v Alexander
| Jurisdiction | England & Wales |
| Judgment Date | 1912 |
| Date | 1912 |
| Court | Chancery Division |
Vendor and Purchaser - Specific Performance - Agreement for Sale - Contract in Correspondence - Stipulation for Formal Contract - Construction.
An alleged contract for the sale of a leasehold house, contained in letters wherein it was stipulated be the purchaser that her acceptance was subject to, amongst others, a condition that her solicitors should “approve the title to and covenants contained in the lease, the title from the freeholder and the form of contract”:—
Held, on the construction of the documents, not to be a complete contract susceptible of being enforced by way of specific performance.
IN this action Princess Clara Elizabeth Von Hatzfeldt-Wildenburg asked for specific performance of an agreement alleged to be contained in three letters for the sale to her by the defendant of the leasehold house No. 13, Grosvenor Square, with the stabling. The letters in question passed between Messrs. Walton & Lee, house agents, acting for the plaintiff, and Messrs. Curtis & Henson, house agents, acting for the defendant. There was no question of their authority to bind their respective clients, nor was there any suggestion of any contract outside the correspondence. The first letter was written to Messrs. Walton & Lee by Messrs. Curtis & Henson on April 18, 1911, and was as follows:—
“Dear Sirs, — We have received a letter from our client Mr. Granville Alexander, as follows — ‘I authorize you as my agents to accept on my behalf the sum of twenty-five thousand pounds (25,000l.) for the lease of No. 13, Grosvenor Square, possession and completion to be on the 11th day of August next. This is absolutely my very lowest price as I have no wish to sell and the property is not really in the market. It is further to be understood that the purchaser is to take the tenant's fixtures and fittings at a valuation as usual.’ We should be glad to hear from you with as little delay as possible.”
This was answered by Messrs. Walton & Lee on April 25, 1911, as follows:—
“Dear Sirs, — Referring to your letter to us of the 18th inst., in accordance with instructions received from our client, Her Serene Highness the Princess Hatzfeldt, we accept Mr. Granville Alexander's offer of the above property at the price therein named, namely 25,000l. This acceptance is subject to the following conditions:—(1.) That the lease is from the freeholder and has between thirty and thirty-one years to run, and that the annual ground rent is 400l. (2.) That Her Serene Highness's solicitors approve the title to, and covenants contained in the lease, the title from the freeholder and the form of contract. (3.) That Her Serene Highness approves her surveyors' report on the condition of the structure, the condition of the drains and drainage system, the heating and water supply and system, and the electric light system and arrangement, and the system and condition of the electric lift. (4.) Tenant's fixtures and fittings to be taken at a valuation in the usual way. Her Highness signifies that the 29th September next, owing to certain arrangements she has made, would be more agreeable to her for completion and possession than August 11th if equally suitable to Mr. Alexander. It is of course understood that the panelling, bedroom fitments and similar fitments are included in the price of 25,000l. We shall be glad of a confirmation of the bargain and also to hear when Her Highness's surveyors can make their survey and examination.”
There followed a letter from Messrs. Curtis & Henson to Messrs. Walton & Lee dated April 26, 1911:—
“Dear Sirs, — We are in receipt of your letter of yesterday's date written on behalf of your client, Her Serene Highness the Princess Hatzfeldt, and we have now seen Mr. Granville Alexander thereon: that gentleman instructs us as his agents to confirm the acceptance of our offer for the sale of the lease of the above, and further that gentleman is agreeable to the date for the completion and possession being on the 29th September next, instead of August 11th, as...
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