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963, applyingWilliams v.Wood (1868) 16 W.R. 1005. 13 Martin's Practice of Conveyancing, by Davidson, Charles, vol. Cited Scarf v Jardine HL 13-Jun-1882 If there has been a conclusive election by the plaintiffs to adopt the liability of one of two persons, alternatively liable, they cannot afterwards make the other liable. 361,406. Total loading time: 0 258,C.A. Sec too the remarks of Stirling J. inRe Davis and Cavey (1888) 40 Ch.D. 32 [1980] A.C. 827, 842843, Lord Wilberforce. 100 The contract was governed by The Law Society's General Conditions of Sale (1980 edition). The company had not complied with the Lands Clauses Act 1845, which required them to offer such land to adjoining land owners first. ; 545, Swinfen Eady L.J. The claimant here sought contribution from the defendants for the damages it had paid to his estate. in Ch. And this second impersonation would have been equally successful but for Mr. Peyman's knowledge of it and the use to which he subsequently put his knowledge. 280, 292299. Rotterdamsche Kolen Centrale [1967] 1 A.C. 361, 433, Lord Wilberforce. (See Peyman v Lanjani [1985] Ch 457). 193 Marlow v.Smith (1723) 2 P. Wms. 258 Re Scott and Alvarez's Contract (No. 138 (1873) L.R. 2006, December 2006. 7 Exch. 827, 845, Lord Wilberforce. Although his decision was reversed on appeal, this was only because fresh evidence became available to the Court of Appeal. & R. 491, 495, Plumer M.R. 153, 167, there is no standard by which to ascertain what is essential to a [reluctant] purchaser. 14 Harpum, (1992) 108 L.Q.R. 138, 144, O'Connor M.R. 4 e.g., Peyman v.Lanjani [1985] Ch. 169 Cruse v.Nowell (1856) 25 L.J.Ch. P sued on discovering illegitimacy and successfully rescinded. 103, 109, Malins V.-C;Allen v.Richardson (1879) 13 Ch.D. 302, 305, Leach M.R. 2. Watson v. Burton [1957] 1 W.L.R. However, Walton J. exercised the discretion conferred by the Law of Property Act 1925, s. 49(2) (consideredinfra), to order the repayment of his deposit. ;Re White and Smith's Contract [1896] 1 Ch. (2d) 449 (C.A. Subscribers are able to see any amendments made to the case. 173, Knight Bruce V.-C;Keyse v.Hayden (1853) 1 W.R. 112, Page Wood V.-C;Priddlev. 291 This was a deeply held article of faith in equity courts throughout the nineteenth century. Agood holding title is strictly a bad title, but one which is in fact perfectly marketable. See: Lambert v Co-Operative Insurance Society [1975] 2 Lloyd's Rep 485. 160 Swaisland v.Dearsley (1861) 29 Beav. l, p. 314. ;Palmer v.Johnson (1884) 13 Q.B.D. The equalization money offered was 20,000 increased by 3,000 either for the stocks of food and beverage in the restaurant or for the first quarter's rent from December 1978 to March 1979 paid by Mr. Lanjani. 222 Harnett v.Baker (1875) L.R. "12. 2) [1895J 2 Ch. . 131, 135136; and his extrajudicial analysis inA treatise on the specific performance of contracts (1st ed., 1858), p. 343. 212 See especiallyRe Banister (1879) 12 Ch.D.