Braymist Ltd and others v Wise Finance Co Ltd
Braymist Ltd and others v Wise Finance Co Ltd
- 2001
- Estates Gazette [2001] 35 EG 174 (CS) (17/3/01) .
ChD 2 March 2001. Companies Act 1985 s36C(1) - fourth claimant signing contract for sale of land as agent for vendor company - vendor company not formed at date of contract - defendant buyer failing to comply with notice to complete - fourth claimant rescinding and forfeiting deposit - defendant disputing existance of valid contract - whether section gave claimant right to enforce contract - whether contract in any event signed in accordance with Law of Property (Miscellaneious Provisions) Act 1989 - claim upheld.
SALE OF LAND
Contracts
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989
COMPANIES ACT 1985
BRAYMIST LTD AND OTHERS V WISE FINANCE CO LTD
ChD 2 March 2001. Companies Act 1985 s36C(1) - fourth claimant signing contract for sale of land as agent for vendor company - vendor company not formed at date of contract - defendant buyer failing to comply with notice to complete - fourth claimant rescinding and forfeiting deposit - defendant disputing existance of valid contract - whether section gave claimant right to enforce contract - whether contract in any event signed in accordance with Law of Property (Miscellaneious Provisions) Act 1989 - claim upheld.
SALE OF LAND
Contracts
LAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989
COMPANIES ACT 1985
BRAYMIST LTD AND OTHERS V WISE FINANCE CO LTD