Bray v Anderson Et Ux - [1956] NZLR 347

Contract — Consideration — Quasi-Contract — Sale of Millable Timber growing on Named Section of Land for Cutting and Removal — Assignment by Purchasers of Rights under Agreement for Sale — Assignee, finding All Timber to be on Property of Third Person, obliged to pay Such Person for Timber-cutting Rights — Agreement a Contract for Sale of Goods, Property thereon to pass on Severance — Assignment not passing Assignor's Right of Action against Vendors for Damages for Breach of Condition as to Title or Right to Refund of Money paid — Total Failure of Consideration — Assignee entitled to recover on Quasi-Contract Moneys paid to Assignors.