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.
Agreement on sale by auction, refers to particulars, etc.
(p) Hallen v. Bunder, (1834) 1 C. M. & E. 266, 276; and cf. Lee v. Risdon, (1816) .7 Taun. 188; and Lee v. Gaskell, (1876) 1 Q. B. D. 700; 45 L. J. Q. B. 540. Cf. Underwood, Ltd. v. Burgh Castle, etc. Syndicate, 1922, 1 K. B. 123.
(q) Cooke v. Tombs, (1794) 2 Anst. 420; see Mayfield v. Wadsley, (1824) 3 B. & C. 357, 361; 3 L. J. (0. S.) K. B. 31; and two next notes.
(r) Mechelen v. Wallace, (1837) 7 A. & E. 49; 6 L. J. N. S. K. B. 217; but cf. Mann v. Nunn, (1874) 43 L. J. C. P. 241.
(s) Vaughan v. Hancock, (1847) 3 C. B. 766; 16 L. J. C. P. 1; and see Lord Falmouth v. Thomas, (1833) 1 Cr. & M. 89; 2 L. J. N. S. Ex. 57.
(t) Green v. Saddington, (1857) 7 El. & Bl. 503; Cocking v. Ward, (1845) 1 C. B. 858; 15 L. J. C. P. 245; Be Lassalle v. Guildford, 1901, 2 K. B. 215; 70 L. J. K. B. 533; and Morgan v. Griffith, (1871) L. R. 6 Ex. 70; 40 L. J. Ex. 46; Erskine v. Adeane, (1873) 8 Ch. 756; 42 L. J. Ch. 835, agreements to kill down rabbits; Angell v. Buke, (1875) L. E. 10 Q. B. 174; 32 L. T. 320; 44 L. J. Q. B. 78; Boston v. B., 1904, 1 K. B. 124; 73 L. J. K. B. 17; and cf. Ronayne v. Sherrard, (1877) 11 I. R. C. L. 146.
It may be desirable for both parties when several lots are bought by the same purchaser to have a separate contract for each lot (instead of all the lots being included in a single contract at a lump sum), but the purchaser will not be entitled save at his own expense, to more than one abstract of the common title (u).
On a sale by private contract, the agreement (which is usually prepared by the vendor) generally contains in the main the same conditions as on a sale by auction (x). When special stipulations, as to title, etc, are necessary, the agreement is prepared in blank before the sale. The conditions implied by ss. 44 and 45 of the L. P. Act, 1925, on open contracts for the sale of land, apply both on sales by auction and by private treaty.
Agreements on sales by private contract.
In preparing agreements for the sale of land to promoters of public undertakings, care should be taken to state whether the purchase-money is to be in lieu of those accommodation works which the promoters are prima facie bound to make and maintain for the owners of adjoining land (y); and whether the ordinary or statutory rule as to the expenses of the purchaser is to operate. The agreement for sale to a railway or waterworks company should, if such be the intention, expressly state that the mines and minerals are included in the purchase (z).
Agreements for sales to public companies, etc.
When a lease or other document contains a clause giving the lessee or any other person a right of pre-emption, the game or like stipulations should be inserted for the protection of the future vendor in respect to title, expenses, and other matters, as would be inserted in an absolute contract for sale and purchase.
(u) S. 45 (5) of the L. P. Act, 1925, replacing s. 3 (7) of the Conv. Act, 1881.
(x) See General Conditions of 1925. The Lord Chancellor has issued (under s. 26 of the L. P. Act, 1925) forma of conditions of sale applicable to contracts by correspondence. See Statutory Rules and Orders, 1925, No. 779/L. 14; Appendix, inf. p. 1081.
(y) As to the extent of the rights of user over accommodation works, such as a level crossing, see G. W. R. Co. v. Talbot, 1902, 2 Ch. 759; Taff Vale R. Co. v. Canning, 1909, 2 Ch. 48.
(z) See the R. C. C. Act, 1845, s. 77, and the Waterworks Clauses Act, 1847, s. 18; and see Loosemore v. Tiverton, etc. R. Co., (1882) 22 Ch. D. 25; (1884) 9 A. C. 480; 51 L. J. Ch. 570; 53 ib. 812.