000			01439cab a2200181 4500
001			ABS38218
008			090401t1987 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u9292
041			_aeng
245			_aOjelay v Neosale Ltd
260			_c1987
350			_a0
490			_aEstates Gazette _v283(6352) 19 September 1987, 1391-1395(3)
520			_aCA 8 April 1987. An appeal by Neosale(N) - the vendor, against a decision granting specific performance of a written agreement for the sale of a freehold property by N to the plaintiff(O) - the purchaser. The issue concerned a deposit of 10,000 to be paid by O to the vendor`s agent, which N asserted had not been paid. The facts, briefly were that N complained they had not received the deposit and O asserted that it had been paid to the vendor`s agent. The matter seemed resolved. However, cheques made out to N by the agent were dishonoured, and N refused to complete without payment of a fresh 10,000. The agent went bankrupt, and in proceedings which followed, judgment was given in favour of O. N appealed, submitting a deposit paid to the agent should have been treated as paid conditionally on being actually handed to N or their solicitors, on the footing that it was an implied term of the contract that such handing over would take place. CA held that this submission was as a matter of
690			_aPROPERTY LAW AND PRACTICE-CASE LAW
942			_n0
948			_c04/03/1997
999			_c5780 _d5780