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St Marylebone Property Co Ltd v Payne

Language: English Series: Estates Gazette ; (1994) EG 45 156-158(3)Publication details: 1994Subject(s): Summary: CA 15 November 1993. On 9 July 1990, S made a successful bid at an auction for freehold investment premises and paid a 10% deposit. The auction particulars contained a photograph including a lateral line with arrow heads marking the extent of the property. The left hand arrow head incorrectly included a doorway to the left of the premises which was not owned by P. When S realised the particulars were wrong, return of the deposit was claimed. In proceedings transferred from HC, S based the claim on misdescription, misrepresentation and the general discretion of the Law of Property Act 1925 s49(2). Judgment to S.
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Law report London Journal article ABS51659 (Browse shelf(Opens below)) 1 Available 37952-1001

CA 15 November 1993. On 9 July 1990, S made a successful bid at an auction for freehold investment premises and paid a 10% deposit. The auction particulars contained a photograph including a lateral line with arrow heads marking the extent of the property. The left hand arrow head incorrectly included a doorway to the left of the premises which was not owned by P. When S realised the particulars were wrong, return of the deposit was claimed. In proceedings transferred from HC, S based the claim on misdescription, misrepresentation and the general discretion of the Law of Property Act 1925 s49(2). Judgment to S.