Sec. 1. Of Rescission and Resale. Sec. 2. Of claiming Damages under the Contract. Sec. 3. Of Specific Performance. Sec. 4. Of a Vendor and Purchaser Summons. Sec. 5. Of the Purchaser's Remedies for Disturbance after Completion.

We will now consider the remedies for breach of a contract to sell land. Where the stipulation broken goes to the whole root of the consideration (a) - as on breach of one of the main duties of the contract (b) -the injured party's remedies are either to rescind the contract and sue for restitution to his former position, or to affirm the contract and sue either for damages for the breach or for the specific performance of the agreement. Besides these remedies by action, it is open to him to adopt the special mode of procedure by vendor and purchaser summons (c). Where a breach has been committed of a stipulation which is not essential, the appropriate remedy is usually an action for damages for the particular breach, but that will not preclude any further proceedings which may be necessary to enforce the main duty of the contract either at law or in equity (d). In connection with the remedies for breach of the contract, it will be convenient also to consider the purchaser's remedies in case of his ejectment or disturbance after completion. Apart from fraud and common mistake (f), and except where the contract contained an express agreement for compensation so worded as to he applicable to the case (g), or where the vendor gave an express warranty of his ownership or right to sell the land (h), these are to sue upon the vendor's covenants for title, if any (i), or to sue upon any other covenants for title of which the benefit runs with the land sold (k).

Remedies for breach of a contract to sell land.

(a) Above, p. 726. (b) Above, p. 937.

(c) Above, pp. 30 - 32.

(d) Above, pp. 935, 910.