High Court of Australia
OF AUSTRALIA. ier
(HIGH COURT OF AUSTRALIA)
WIESMANN' areca; Derenpant,
COLLINGRIDGE . * * ; 4 * Resronpent. Prarytirr,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Specific Performance—Sale of land—Contract—Formation—Option of purchase H.C. ov A. given Jor value—Acceptance—Terma of contract—Writen contract contemplated— 1921, Statue of Frauds (29 Car. II. ¢. 3), see. 4. ne
di it signed by the defendant he wrted to gir the : re hy a written document signed by the defendant he purported to give tothe fa 1
plaintiff" the firm offer " of certain land, described init, with a house thereon, "May 2. ata specified price payable as to a certain sum "'on the signing of con-
tract," as to a certain other sum three months afterwards and as tthe balance three years after the signing of the contract, at a certain rate of interest. 'The document concluded ** Value received for option sixpence," and that sum was in fact paid by the plaintiff to the defendant after he signed the document. A week afterwards the plaintiff verbally communicated his acceptance of the offer contained in the document to the defendant,
Hell, that upon such acceptance a binding contract for the sale of the property was constituted, that the plaintiff was entitled to a decree for specific performance of the contract, and that the first step in carrying out that decree 'as the settlement and execution of a proper contract.
Kor CJ, Beh sad Starke JJ.
Decision of the Supreme Court of New South Wales (Harvey J.): Colling ridge v. Niesmann, 37 N.S.W.W.N., 224, affirmed.
Avreat from the Supreme Court of New South Wales. A suit in the Supreme Court in Equity was instituted by William Mmund Colingridge against Hubert Niesmann, in which by bis
vor, xxix. 2
H.C. or A. 1921. 'Nieswaxy
HIGH COURT (i921, %
statement of claim the plaintiff claimed specific performance of a contract for the sale by the defendant to the plaintiff of certain land with a house thereon. 'The plaintiff having died, the suit wae revived by his executrix, Mary Elizabeth Collingridge. 'The suit was heard by Harvey J., who gave judgment for the plaintift, and ordered specific performance : Collingridge v. Niesmann (1),
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