Court of Appeal Wellington
6 April 1989
Cooke P, Somers and Ellis JJ
6 April 1989
Cooke P, Somers and Ellis JJ
Contract — Sale of land — Agreement for sale and purchase of property was "entirely subject to and conditional upon" vendor leasing property back for specified term at specified rental, the lease to contain such other terms and conditions usual in such leases prepared by solicitors in that district — By settlement date most of terms of lease had been agreed but vendor contended that agreement for sale was unenforceable as terms of lease were not finally settled — Purchaser sought specific performance — Whether sale and lease back were twin elements of the bargain — Whether clause concerning lease back was contingent condition — Whether purchaser was entitled to decree for specific performance.
Loading... Please wait...
