Principles And Practice in Matters Of, And Appertaining To, Conveyancing : Intended for the Use of Students And the Profession

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Thus, in Flight v. Booth, Flight \.
the plaintiff had contracted to purchase leasehold "" '' premises, and it was merely stated in the particulars that the lease provided that no offensive trade should be carried on on the premises. As a fact, the lease prohibited many trades which could not properly be styled offensive, and the purchaser was held entitled to refuse to complete. Also where a property sold as a free public-house proved to be tied for beer^. And Different where property is agreed
... to be sold as of one tenure, '^™^^^- and it turns out to be of another, this is fatal to a vendor's right to compel the purchaser to complete^ However, on this last point it may be observed that in the case of long leasehold property, capable under the Conveyancing Acts 1881 and 1882^ of being converted into a fee simple, the fact that it was described as freehold, when it was really leasehold, would appear to be immaterial, as the vendor can at once make it freehold.
If the misdescription is not of a substantial or Slight material nature, and the vendor did not know of it, this ^^^ escnp- is not a ground on which the purchaser can repudiate the contract, though he may demand compensation for it.


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