Pendergrast v Chapman - [1988] 2 NZLR 177

Contract — Sale of land — Damages — Vendor cancelled contract because deposit was unpaid and sued for damages for breach of contract — Whether any obligation upon vendor to resell the property — Whether damages should be assessed at the date of cancellation or at the date when the contract should have been performed.

Contract — Sale of land — Deposit — Recovery of deposit by vendor — Cancellation of contract — Purchaser paid deposit to agent by way of postdated cheque which was dishonoured upon presentation — Agent endorsed cheque over to vendor — Vendor cancelled contract and sued for debt and on the dishonoured cheque — Whether vendor having cancelled the contract was entitled to recover the unpaid deposit as a debt due — Whether the cause of action was affected by the Contractual Remedies Act — Whether vendor was entitled to sue on cheque made originally payable to agent — Contractual Remedies Act 1979, s 8.