Davies and others v Jones and another [electronic resource]
Davies and others v Jones and another [electronic resource]
- 2009
[2009] EWCA Civ 1164, 9 November 2009. Concerns monies withheld from D on the purchase of land and buildings, in order for "purchasers works" to be carried out. J contracted to sell the second defendant, Lidl, the land and property, having bought it from D, and held £100 000 for "purchasers works", the balance to be paid to D on completion of the works. D claimed that the works cost £30 000 and wanted the balance to be released to them by either J or Lidl. Lidl claimed that the works cost them £200 000. "Held": the judge's declaration that Lidl is bound by a duty to observe the terms set out in the contract between J and D as a burden appurtenant to the benefit it took under that contract is set aside, and a declaration is granted that Lidl is not bound to observe those terms.
DAVIES AND ORS V JONES AND ANOR
England and Wales--1543-
[2009] EWCA Civ 1164, 9 November 2009. Concerns monies withheld from D on the purchase of land and buildings, in order for "purchasers works" to be carried out. J contracted to sell the second defendant, Lidl, the land and property, having bought it from D, and held £100 000 for "purchasers works", the balance to be paid to D on completion of the works. D claimed that the works cost £30 000 and wanted the balance to be released to them by either J or Lidl. Lidl claimed that the works cost them £200 000. "Held": the judge's declaration that Lidl is bound by a duty to observe the terms set out in the contract between J and D as a burden appurtenant to the benefit it took under that contract is set aside, and a declaration is granted that Lidl is not bound to observe those terms.
DAVIES AND ORS V JONES AND ANOR
England and Wales--1543-