A Contract for Sale Between Davys and Verdon and Saurin

• Jurisdiction: Ireland
• Judgment Date: 11 May 1886
• Date: 11 May 1886
• Court: Chancery Division (Ireland)

CHANCERY DIVISION.

IN THE MATTER OF A CONTRACT FOR SALE BETWEEN DAVYS AND VERDON AND SAURIN.

Smith v. Robinson 13 Ch. Div. 148

Hume v. BentleyENR 5 De G. & sm. 520

Waddell v. WolfeELR L. R. 9 Q. B. 515.

Darlington v. HamittonENR Kay, 550

Musgrave v. M'CullaghUNK 14 Ir. Ch. Rep. 496.

Vendor and Purchaser — Conditions of sule — Condition precluding requisition prior to specified date — Incumbrance appearing on searches made by purchaser.

'334 LAW IMPORTS (IRELAND). {C it I. May U. Vendor and purchaser-Conditions of sale-Condition precluding requisition prior to specified date-Incumbrance appearing on searches made by pur, chaser. By a contract of sale, dated 3rd May, 1884, S. agreed to purchase certain leasehold property for £240, subject to the following condition amongst others : -No requisition to be made in respect of the title prior to the conveyance of the 12th May, 1869, being a deed of conveyance to the vendors' testator. S., having discovered, through searches made by himself, two judgment mortgages registered in 1858 and 1859, against the property, required proof that they had been discharged, with which requisition the vendors declined to comply : Held, that S. was not precluded from objecting to the title, on the ground that these judgment mortgages appeared on the registry searches. A condition so framed only precludes a purchaser from making requisiÂtions upon the vendor as to title, but does not prevent the purchaser from showing aliunde that the title is in fact defective. Hume v. Bentley (5 De G. & Sm. 520) distinguished. SUMMONS on behalf of Francis Davys and Julia Verdon for a declaration that Patrick M. V. Saurin was precluded by clause 3: of the conditions of sale from making a requisition for proof that, two judgment mortgages, dated respectively 10th July, 1858, and 24th August, 1859, had been paid. By indenture, dated the 12th May, 1869, Eric Balfe conveyed to Michael Verdon the lands which were the subject of the present contract for sale. Michael Verdon afterwards died, and the suit of Davys v. VerÂdon was instituted to administer his assets, the plaintiffs therein being the executors of his will. .VOL. XVII.] CHANCERY DIVISION. 3;35 agreed to become the purchaser, subject to the following condi- v.. U. tions 1856. In re 1. The rent and outgoings to be apportioned to the date of DAVYS AND VENDON TO closing. SAURIN. 2. Purchase-money to be £240. 3. No requisition to be made in respect of the title prior to...