This section is from the book "Dart's Treatise On The Law And Practice Relating To Vendors And Purchasers Of Real Estate", by J. Henry Dart . Also available from Amazon: A treatise on the law and practice relating to vendors and purchasers of real estate.
Equity will enforce specific performance of the contract for sale at the suit of the purchaser himself, or of his representatives in interest,-such interest, it must be remembered, being the right to take the estate on payment of the purchase-money; - e.g., his alienees by act inter vivos (a), including a mortgagee (x), or trustee in bankruptcy (?/), or committee in lunacy (s), or, in case of his death, by his personal representatives.
Enforced in Equity at suit of purchaser, or his representatives ;
So, the contract for purchase may be enforced at the suit of the vendor himself, or his representatives in interest; - such interest, it must be remembered, being the right to receive the purchase-money on a conveyance being given of the estate; - e.g., his alienees by act inter vivos, or trustee in bankruptcy (a), or committee in lunacy (b), or (in the case of death) by his executors or administrators (c) : so, if the contract have been entered into by a tenant for life, in due (d) exercise of a power, specific performance will be decreed at the suit of a remainderman (e).
Or of vendor or his representatives.
Under the Settled Land Act, 1882, s. 31, a tenant for life has power to contract to sell, exchange, partition, or charge the settled land; and every such contract is binding on and enures for the benefit of the settled land, and is euforceable against and by every successor in title for the time being of the tenant for life, and may be carried into effect by such successor ; but so that it may be varied or rescinded by any such successor, in the like case and manner, if any, as if it had been made by himself. The right or liability, therefore, seems to be attached to the estate itself, thus making it unnecessary, in an action for the specific performance of the contract of a deceased tenant for life, to bring any other person before the Court than his successor for the time being having power to convey the estate (f).
Contracts under the Settled Land Acts.
(u) Nelthorpe v. Holgate, (1841) 1 Col. at p. 218.
(x) Browne v. London Necropolis Co., (1857) 6 W. R. 188.
(y) Bkcy. Act, 1883, s. 44 (i) ; and see as to disclaimer by trustee, s. 55 ; and inf. p. 1034.
(z) See Lunacy Act, 1890, s. 133 et seq.; Re Pagani, 1892, 1 Ch. 236, 238.
(a) See Bkcy. Act, 1883, s. 55 ; Bkcy. Act, 1890, s. 13.
(b) See sup. n. (z).
(c) Roberts v. Marchant, (1843) 1 Ph. 370; 13 L.J. N. S. Ch. 56.
(d) But not otherwise : Ricketts v. Bell, (1847) 1 De G. & S. 335; and see Gas Light Co. v. Towse, (1887) 35 Ch. D. 519.
(e) Ingle v. Vaughan Jenkins, 1900, 2 Ch. 368 ; 69 L. J. Ch. 618.
It has been held that the Commissioners of Woods and Forests are neither entitled to sue nor liable to be sued for the specific performance of contracts entered into with or by them, on the ground that they have merely a statutory power to enter into contracts, but no estate (g).
Contracts by Commissioners of Woods and Forests.