000			01611cam a2200229 4500
001			ABS66384
008			030127n2003 000 0 eng u
035			_a(Sirsi) u121128
245			_aTaylor v Hamer
260			_c2003
490			_aEstates Gazette _v[2003] 03 EG 127-137(11)
520			_a[2002] EWCS Civil 1130, 31 July 2002. Appellant (T) had agreed by a contract of 29 May 1997 to purchase a house from respondent (H) and had visited the property on a number of occasions before exchange of contracts. The property included several separate gardens, one of which, called the dog garden, was covered substantially with flagstones. Many of these were lifted, stacked and replaced by grass in early May on the instructions of H's husband. An enquiry on 23 May on behalf of T elicited the response that the flagstones were not included in the sale and would be removed by the vendor. County Court found H guilty of deceit, the damages for which included replacing but not relaying the flagstones, but dismissed the breach of contract claim. T appealed. "Held", appeal allowed, one judge dissenting. H was ordered to restore the flagstones to their former location. They were deemed to be part of 'all the property' identified in the contract and the property included things fixed to, and forming part of the land. Breach of contract had occurred.
590			_aABS
650			_aVENDORS
650			_aPURCHASERS
650			_aFLAGSTONES
650			_aBREACH OF CONTRACT
650			_aPHILLIPS V LAMDIN
650			_aTAYLOR V HAMER
690			_aPROPERTY AND LAND LAW-CASE LAW
942			_n0
999			_c71973 _d71973