High Court Wellington
17, 18 August; 29 October 1981
Bisson J
17, 18 August; 29 October 1981
Bisson J
Contract — Breach — Specific performance — Sale and purchase of farm land — Agreement provided: (i) for payment of $1000 on signing of agreement; and (ii) that if consent of Land Settlement Board or finance not obtained by a specified date agreement was "voidable at the option of either party" — Purchaser did not pay the $1000 deposit claiming vendor waived payment — Vendor did not make time of the essence — After specified date purchaser notified vendor that conditions had been fulfilled — Vendor advised that option expired on specified date and refused to complete — Whether breach — Whether purchaser entitled to specific performance.
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