Country and Metropolitan Homes Surrey Ltd v Topclaim Ltd
Country and Metropolitan Homes Surrey Ltd v Topclaim Ltd
- 1997
- All England Law Reports [1997] 1 All ER 254-262(9) .
ChD 2 April 1996. A contract for the sale of land existed between vendor C and purchaser T. When T did not comply with a notice to complete C claimed the contract was at an end and that the 5% deposit paid was forfeited, with the remaining 5% deposit owed. T claimed repudiation by the vendor and called for return of the deposit. When the property was sold to a third party C issued proceedings against T claiming damages for breach of contract and the outstanding deposit. The court below granted T summary judgment on its counterclaim with damages to be assessed. C`s appeal refused.
COMPLETION
COUNTRY AND METROPOLITAN HOMES SURREY LTD V TOPCLAIM LTD
DEPOSIT
PROPERTY ACT 1925 S49(2)
PROPERTY TRANSACTIONS
SALE OF LAND
STANDARD CONDITIONS OF SALE
VENDOE AND PURCHASER
ChD 2 April 1996. A contract for the sale of land existed between vendor C and purchaser T. When T did not comply with a notice to complete C claimed the contract was at an end and that the 5% deposit paid was forfeited, with the remaining 5% deposit owed. T claimed repudiation by the vendor and called for return of the deposit. When the property was sold to a third party C issued proceedings against T claiming damages for breach of contract and the outstanding deposit. The court below granted T summary judgment on its counterclaim with damages to be assessed. C`s appeal refused.
COMPLETION
COUNTRY AND METROPOLITAN HOMES SURREY LTD V TOPCLAIM LTD
DEPOSIT
PROPERTY ACT 1925 S49(2)
PROPERTY TRANSACTIONS
SALE OF LAND
STANDARD CONDITIONS OF SALE
VENDOE AND PURCHASER