High Court of Australia
Riyading v
oy
20 HIGH COURT (1952.
[HIGH COURT OF AUSTRALIA.}
CAVALLARI . 5 5 ' 4 ' ' APPELLANT ;
Derrenpant, AND
PREMIER REFRIGERATION COMPANY PROPRIETARY LIMITED ' i . _REsponpEnT. PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H.C. or A. Vendor and Purchaser—Contract for sale of land—Option to purchase—Offer—
1952. Certainty—Acceptance—Specific performance. ee The appellant, by letter dated 18th January 1951, gave to the respondent Aig 8, company " an option for a period of seven days from this date within which — to purchase the freehold owned by me and known as 61/63 Renwick Street, a Redfern, for the sum of Thirty-two thousand pounds. I will require a period May 29.
of not less than six months to enable me to make arrangements re my business plant ete. Received one shilling as consideration for above option."
The company, by letter dated 23rd January 1951, replied: " We refer to Kitto JJ. the option given to our company by you on the 18th January, instant, to purchase freehold property owned by you and known as No. 61/63 Renwick Street, Redfern, for the sum of £32,000. Vacant possession to be given after expiration of six months. We now give you formal notice of our
company's exercise of such option. We shall be pleased if you will arrange with the Agent to prepare Contract of Sale."
Held that a contract enforceable by specific performance was made between the parties.
Decision of the Supreme Court of New South Wales (Roper C.J. in Eq.) affirmed.
AppEAL from the Supreme Court of New South Wales.
In a suit brought by way of statement of claim in the equitable jurisdiction of the Supreme Court of New South Wales, and filed on 10th October 1951, the plaintiff, Premier Refrigeration Co.
85 C.L.R.] OF AUSTRALIA 21
Pty. Ltd., alleged, inter alia, that the defendant, Dante Cavallari, H.C. or A. who carried on business under the name of Mimosa Manufacturing a) Co., on or about 18th January 1951, in consideration of the sum OL Gay eae
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