Southland Investments Limited v Public Trustee - [1943] NZLR 580

Vendor and Purchaser — Repudiation — Rescission — Specific Performance — Recovery of Deposit — Agreements for Sale of Adjoining Buildings to Two Purchasers, One used for Picture-theatre, the Other for Commercial Purposes — Small Piece of Land between the Two of which Ground Floor occupied by Building containing Electrical Controls of Theatre and used as Exit to Right-of-way, above which Building projected Part of Lavatories of adjoining Premises — All such Land included in Agreement with Purchaser of Commercial Premises — Such Land not mentioned in the Parcels specified in the prior Agreement for the Sale of the Theatre but possibly inferentially included in the General Description, "the whole of the land, buildings, plant, and equipment used by the existing lessees" — Vendor, despite Protest of Second Purchaser, transferring such Land to Purchaser of Theatre — Easements included in Transfer of Theatre over adjoining Premises not stipulated for in Agreement for Sale of latter — Whether Vendor's Conduct amounted to Renunciation of Contract accepted by Second Purchaser — Whether Deficiency substantial or "small and immaterial" — Whether Specific Performance should be granted with Compensation — Recovery of Second Purchaser's Deposit.