A Compendium of the Law And Practice of Vendors And Purchasers of Real Estate

Cover A Compendium of the Law And Practice of Vendors And Purchasers of Real Estate
A Compendium of the Law And Practice of Vendors And Purchasers of Real Estate
J Henry Joseph Henry Dart
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Machu, 5 Ha. 158.
ABSTRACT AND PREPARATION OF CONVEYANCE. 213 having commenced their works, and the seven years ^^'^p- ^- limited by the Act remaining unexpired (c) .
And time, although of the essence of the contract by T'me, ■* ^ '' although original agreement, or made imperative in Equity by sub- ^|y"be*^' sequent notice, may be enlarged or waived, by subsequent ^aivldf ^^ agreement, or the acts of the parties.
Thus, if a purchaser proceed in the purchase after the ^|g^f p'"?' expiration of t
...he time fixed by the contract {d), or limited ^"te'^e'^xpira- 11. . • -i J. J. • / \ tionoftime; by his notice, it amounts to waiver (e) .
So, where a purchaser made no demand of the pos- '"^Yg^^o session of the piu'chased premises until a quarter before ge^gJon JJfitii twelve at night on the day fixed for completion — part of mom'ent. The property consisting of cottages let to weekly tenants — this was hekl, at Law, to be a waiver of the condition as to time (/).
But at Law, time, if fixed by an insti'ument under seal, f^^^^^l ^^ cannot be enlarged by an instrument not under seal {g) ; ^^^' so, if fixed by a -smtten agreement not under seal, it can- not be enlarged by word of mouth (A) .


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