Westmacott v Robins
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1862 |
| Date | 01 January 1862 |
| Court | High Court of Chancery |
English Reports Citation: 45 E.R. 1234
BEFORE THE LORDS JUSTICES.
[390] westmacott v. robins. Before the Lords Justices. June 4, July 26, 1862. The Defendant agreed to sell to the Plaintiff certain lands in New South Wales free from incumbrances, and the greater part of the purchase-money was paid. On investigation of the title it appeared that these lands were held with other lands under a Crown grant, containing various reservations and conditions, with a proviso for re-entry on breach of condition. The Plaintiff filed his bill for specific performance, with compensation on account of these reservations, offering to complete without compensation, if the Court was of opinion that he was not entitled to it. An order was made on appeal, declaring him entitled to compensation, and directing a reference as to the amount. In answer to this inquiry it was found that the amount of compensation could not be ascertained. The Plaintiff then filed a supplemental bill, asking that if the compensation could not be ascertained the Defendant might be decreed to repay with interest the part of the purchase-money which he had paid, and that the Plaintiff might be declared entitled to a lien on the land for it. Held, that as the Plaintiff was not bound to take the property without compensation, and as the compensation could not be ascertained, he was entitled to the return of his purchase-money, with interest at 4 per cent., and to a lien on the estate for the amount. The hill in this cause was filed by R. M. Westmacott and George Knox against John William Robins. It stated an agreement dated 26th March 1853 4DBO.F.&J.S81. WE9TMACOTT V. ROBINS 1235 between the Defendant Robins of the one part, and the Plaintiff Westmacott of the other part, whereby after reciting that Robins was possessed of or otherwise justly entitled to the fee-aimple and inheritance of the freehold estate and premises thereinafter mentioned, and that Westmacott (acting for and on behalf and by the direction and authority of the committee of management of the New South Wales Gold Mines. Company) was desirous of purchasing the same upon certain terms and conditions thereinafter set forth, it was witnessed that in consideration of the sum of 1100, to be paid at the times thereinafter mentioned by Westmacott on behalf of the said committee of management, and also in consideration of the sum of 500 then paid by Westmacott to Eobins, the receipt of which was acknowledged, Robins agreed to sell, and Wesmacott on behalf of the said committee of management agreed to purchase, all those 495 acres of land situate near Muswell Brook in New South [391} Wales which had been conveyed to Robins in the year 1847 by one Marshfield Mason, together with all his estate, right, title arid interest therein and all appurtenances thereto belonging, and all the rights and advantages then possessed by Robins. Robins agreed to deduce a good title to the property, and duly to convey the same to the committee of management or to such person or persons as they might appoint, free from all incumbrances whatsoever, at the time and subject to the conditions thereinafter mentioned. It was then agreed that Westmacott should deposit in the joint namea of himself and Robins 500 on or before the 1st day of August next in the Union Bank of London, to be held by the bankers until completion of the purchase, or to be returned to Westmacott, should the said purchase be abandoned, in accordance with the subsequent clauses of the agreement. The residue of the purchase-money was to be paid on completion along with the deposited 500. Robins then agreed to procure from his agent in Sydney attested copies of such deeds as constituted hia evidence of title to the property, arid to lay the same before the solicitors of the said New South Wales Gold Mines Company, and to deduce a good and perfect title to the same; and to execute, when called upon, on or before the 1st day of December next a due arid perfect conveyance in the law of all the said 495 acres of land and^ all his estate, right and...
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