The Australian Law Times Volume 8-9 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 Excerpt: ...performance of a contract for the purchase by plaintiff of some land in the Commercial-road, Prahran. Mr. Isaacs and Mr. Mitchell appeared for the plaintiff (appellant); Mr. Topp and Mr. T. A'B. Veignll. for the defendant (respondent). A'Bacim'rr, J, gave the judgment of the Court as follows: --This case came before us on appeal from the judgment of Webb, J., dismissing with costs an action by purchaser against vendor for the specific performance of an agreement to sell land. The property is described in the contract as---" All that piece of land having a frontage of 48ft. more or less to C0l1l mercial-road, Praliran, by a depth of 100ft. more or less to a right-of-way, on which are erected three brick cottages numbered 35, 87, and 89." The contract is signed by one Alexander Weir as agent of the vendor. It is not disputed that Weir was autlioriscd to sell part of the property comprised in the above description, the dispute is as to whether he was authorised to sell all, or, if not all, how much. Taking the words " to 1 right-of-way" to apply, as we hold them to do to a public right-of-way running parallel to the Commercial-road, the description in the contract would comprise three cottages in the Commercial-road, with their yards en-closed in fences running back, as tc two of them, towithin about 24ft., and as to one of them, to within about 16ft. of the right of-way, also ii piece of land. about 27ft. by 16ft., on which stands a dilapidated shed, once used as stables for an adjoining hotel; alsoa piece of land about 16ft. by 5ft 6in., on which standspart of billiard-room belonging to the hotel; also an. irregularly shaped piece of land not built on, whichi affords access from the right-of-way to the back yardsof the ...