Walters v Morgan
| Jurisdiction | England & Wales |
| Judgment Date | 02 November 1861 |
| Date | 02 November 1861 |
| Court | High Court of Chancery |
English Reports Citation: 45 E.R. 1056
BEFORE THE LORD CHANCELLOR LORD CAMPBELL.
S. C. 4 L. T. 758. Approved, Turner v. Green [1895], 2 Ch. 209.
[718] walters v. moroan. Before the Lord Chancellor Lord Campbell. July 18, 25, August 4, Nov. 2, 1861. [S. C. 4 L. T. 758. Approved, Turner v. Green [1895], 2 Ch. 209.] There being no fiduciary relation between render and a purchaser, the purchaser is SBE&.F.&iJ. aa. WALTEBS .V. MORGAN 1057 not bound to disclose any fact exclusively within his knowledge which might be expected to influence the price of the subject to be sold. Simple reticence does not amount to legal fraud, but a word or gesture intended to induce the vendor to believe in the existence of a non-existing fact, which might influence the price of the subject to be sold, would be sufficient ground for a Court of Equity to refuse a decree of specific performance, and so, A fortiori, would any contrivance on the part of the purchaser, better informed than the vendor as to value, to hurry the vendor into an agreement without giving him an opportunity of being fully informed on that subject, or taking advice as to the terms of the bargain. Where therefore an intended lessor and lessee of minerals were in the above position as to knowledge, and the intended lessee brought to the lessor a. lease ready prepared, without previous negotiation as to the details of it, and induced the latter to sign it, saying he might trust to the proposed lessee for making a fair allowance if the minerals turned out more valuable than was supposed: Held, that a bill for specific performance filed by the intended lessee, offering to make a fair extra allowance, could not be sustained, and its dismissal was confirmed on appeal. This was an appeal from the dismissal by Vice-Chancellor Wood of a bill for specific performance. The Plaintiff William Walters had been a master mariner, but afterwards became a briekmaker at Ten by, and the Defendant Thomas Morgan was a retired draper, formerly residing at King's Cross. The agreement was dated the 9th December 1857, and made between the Plaintiff and Defendant; and thereby the Defendant agreed to grant to the Plaintiff and the Plaintiff agreed to take of the Defendant for one whole year from the day of the date of the agreement the right of digging, searching for and carrying off from land of the Defendant in Pembrokeshire described in the agreement all and all manner of stone, sand, minerals and clay in or upon those lands, and the Plaintiff agreed to pay to the Defendant for such grant the full sum of 3d. per ton weight of 2880 Ibs. for stone, rock or sands and minerals carried from the premises, and the full sum of 4d. per ton weight of 2880 Ibs. for all clays worked or so carried off; and it was further [719] thereby agreed that at the option of the Plaintiff Walters the Plaintiff might take and the Defendant would, at the expiration of twelve months, grant to the Plaintiff a lease for a term of twenty-one years renewable, to commence from Christmas 1858, such lease to contain a covenant on the part of the...
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The Components Tube Company, Ltd v Naylor
... ... If a word, if a single word be dropped which tends to mislead the vendor, that principle will not be allowed to operate." So, too, in Walters v. Morgan (2), Lord Campbell lays down: "There being no fiduciary relation between vendor and purchaser in the negotiation, the purchaser is not ... ...
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...182, refd to. [para. 73]. Conolly v. Parsons (1797), 3 Ves. 625n, refd to. [para. 73]. Walters v. Morgan (1861), 3 De G. F. & J. 718; 45 E.R. 1056, refd to. [para. R. v. McCraw, [1991] 3 S.C.R. 72; 128 N.R. 299; 49 O.A.C. 47, refd to. [para. 82]. R. v. Jones, 2002 NBQB 340, refd to. [pa......
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R. v. Mabior (C.L.), [2012] N.R. TBEd. OC.005
...v. Morrice (1788), 2 Bro. C.C. 326, 29 E.R. 182; Conolly v. Parsons (1797), 3 Ves. 625n; Walters v. Morgan (1861) 3 De G. F. & J. 718, 45 E.R. 1056. However, over time, equity recognized specific circumstances warranting a positive duty to disclose material facts, including a relationsh......
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Specific Performance and Injunctions
...at 450, McGillivray JA. 103 Holliday v Lockwood , [1917] 2 Ch 47. 104 See, for example, Walters v Morgan (1861), 3 De G F & J 718 at 724, 45 ER 1056 (Ch), Westbury LJ; Falcke, above note 40. THE LAW OF CONTR ACTS 1114 to a claim for specific performance. 105 More generally, bad behaviour o......
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Specific Performance and Injunctions
...McGillivray J.A. 92 Holliday v. Lockwood , [1917] 2 Ch. 47. 93 See, for example, Walters v. Morgan (1861), 3 De G. F. & J. 718 at 724, 45 E.R. 1056, Westbury L.J.; Falcke v. Gray, above note 30. 94 See, for example, Shaw v. Masson , [1923] S.C.R. 187; Panzer v. Zeifman (1978), 88 D.L.R. (3d......