Court of Appeal Wellington
7, 8 February; 2 May 1990
Cooke P, Somers and Hardie Boys JJ
7, 8 February; 2 May 1990
Cooke P, Somers and Hardie Boys JJ
Contract — Cancellation — Repudiation by purchaser — When purchaser failed to settle vendor sued for specific performance or inquiry into damages — Purchaser in statement of defence maintained repudiation of contract — Vendor subsequently sold the assets which were the subject-matter of the contract and filed amended statement of claim disclosing the sale and seeking only damages for the loss on resale — Whether vendor could seek specific performance or damages as alternatives — Whether plea for specific performance disentitled vendor to cancel contract — Whether sale of assets manifested intention of vendor to cancel contract — Whether service of amended statement of claim was notice to purchaser of cancellation — Whether vendor was entitled to damages — Contractual Remedies Act 1979, ss 7 and 8.
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