Churchman and another v Lampon and another
Churchman and another v Lampon and another
- 1990
- Estates Gazette (1990) 09 EG 79-80(2) .
ChD 23 June 1989. By a writ issued 10 May 1989 the plaintiff (C) claimed that an agreement was made in 1963 by which rights were granted over certain land s by the mother of C to L contained an obligation in relation to land not at that time sold to L. This was a pre-emption not an option obliging Mrs C to offer that land to L first if she came to sell it. The land became available in 1988 L wrote to C claiming it but that letter was not seen as an unequivocal acceptance of an offer and accordingly the right to pre-emption lapsed. L claimed that the words of the pre-emption clause were not correctly used in the letter from C. However this letter was held to be correct. L`s letter of acceptance was unacceptable because it only came from Mr L not Mr and Mrs L as the offer had been addressed and it contained no positive statement of acceptance only a claim that he "retained the interest in the land".
VENDOR AND PURCHASER
ChD 23 June 1989. By a writ issued 10 May 1989 the plaintiff (C) claimed that an agreement was made in 1963 by which rights were granted over certain land s by the mother of C to L contained an obligation in relation to land not at that time sold to L. This was a pre-emption not an option obliging Mrs C to offer that land to L first if she came to sell it. The land became available in 1988 L wrote to C claiming it but that letter was not seen as an unequivocal acceptance of an offer and accordingly the right to pre-emption lapsed. L claimed that the words of the pre-emption clause were not correctly used in the letter from C. However this letter was held to be correct. L`s letter of acceptance was unacceptable because it only came from Mr L not Mr and Mrs L as the offer had been addressed and it contained no positive statement of acceptance only a claim that he "retained the interest in the land".
VENDOR AND PURCHASER