000			01680cab a2200277 4500
001			ABS45354
008			090401t1991 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u52503
041			_aeng
245			_aGoff v Gauthier
260			_c1991
350			_a0
490			_aProperty and Compensation Reports _v(1991) 62 P&CR 388-401(7)
520			_aChD 27 March 1991. The defendants (D) agreed to purchase freehold property for £185,000. Contracts were exchanged on 28 October 1988 but D failed to complete the sale as agreed on 25 November 1988, as they had not been able to raise adequate finance. They had been aware of financial problems when they signed the contract but had been told by the plaintiff`s solicitor that if they did not sign on that date the sale was off as there was another purchaser ready to sign at a higher price. It turned out that there was no definite purchaser, merely one who was interested. Had D known this they would not have signed without the finance. The plaintiff sought to forfeit the deposit paid by D and recover damages, being the difference between contract price and the price at which it was eventually sold, £130,000 plus interest. D contended that the exchange of contracts had been induced as a result of material misrepresentations. They sought return of their deposit with interest. ChD held in fav
650			_aBREACH OF CONTRACT
650			_aCOMPLETION
650			_aCONTRACT
650			_aDAMAGES
650			_aDEPOSIT
650			_aMISREPRESENTATION
650			_aSALE OF PROPERTY
650			_aVENDOR AND PURCHASER
690			_aPROPERTY LAW AND PRACTICE-CASE LAW
942			_n0
948			_c04/03/1997
999			_c32506 _d32506