tion shall be allowed or paid by the vendors or pchaser, as the case may be, to be settled by two referees, or their umpire, in the usual way. 16c. THE ppty is believed, and shall be taken to be cor- The same, excluding rectly described as to quantity and otherwise; and any error, the right to misstatemt, or omission in the parlars shall not annul the compensation (t). sale, or be a ground for any abatemt or compensation on either side. with con 17. If the [any] pchaser fail to comply with any of these Non-comcondons, his deposit shall be forfeited, and the vendors shall pliance be at liberty to resell the ppty [lot or lots sold to him], ditions (u). either by public auction or private contract; and the deficiency (if any) arising on such second sale, togr with all expenses attending the same, shall be made good and paid by the pchaser at the present sale as liquidated damages; and it shall not be necessary for the vendors previously to tender any conveyance to him. It is hby agrd between Messrs. B. (r), the vendors, and dum to be as agents for A. and Memoranthat [at the sale by appended tions. of auction this day of of the ppty described in these to condiparlars] the sd[was the highest bidder for and] has be- Variations come the pchaser of the ppty [lot] described in these for sale by private parlars for the sum of £ and that he has paid to the sd contract. Messrs. the sum of £——— as a deposit and in pt paymt of the pchase-money, and that these parlars and condons shall be taken as the terms of agreemt for the sd sale and pchase. [so far as the same are applicable to a sale by private (t) See Whittemore v. Whittemore, L. R. 8 Eq. 603. (u) See Essex v. Daniell, L. R. 10 C. P. 538. of Frauds. (x) That the names of the vendors, or such a description as will sufficiently Requireidentify them, must appear on the contract to satisfy the Statute of Frauds, ments of see Potter v. Duffield, L. R. 18 Eq. 4, and the cases there cited. See also the Statute Sale v. Lambert, L. R. 18 Eq. 1; Commins v. Scott, L. R. 20 Eq. 11; Beer v. London and Paris Hotel Company, Limited, L. R. 20 Eq. 412; Thomas v. Brown, 1 Q. B. D. 714; Rossiter v. Miller, 5 Ch. D. 648, 3 App. Ca. 1124 ; Catling v. King, id. 660; Williams v. Jordan, 6 Ch. D. 517. As to what is a sufficient reference to a plan, see Nene Valley Drainage Commissioners v. Dunkley, 4 Ch. D. 1. Incumbrances, &c. II. GENERAL CONDITIONS on SALE by AUCTION of LEASEHOLDS. VARIATIONS for a Sale in Lors, and adapted to different circumstances (a). 1. Condition as to biddings, p. 223. 2. Valuations of fixtures, &c. See SPECIAL CONDITIONS, I. 3. Condition as to deposit and completion, p. 227. 4. Possession and interest, p. 228. 5. THE ppty [each lot] is sold subjt to the rents, covenants, and condons of the lease [or underlease] by which the same is held as stated in the parlars, and subjt also to all rights of way, water, drainage, and other easemts, if any, affecting the same, and to the underleases or agreemts with the tenants, and to, provision as to the incumbrances (if any) subject to which the property is sold, see Precedent I. p. 229, omitting the last part as to production of the leases, &c. Production 6. THE lease [or underlease] under which the ppty [each of lease, &c., before lot] is held, and counterparts of the underleases or agreemts sale. with the tenants [relating to the several lots] or copies thof will be produced at the sale, and may be inspected at the office of the vendors' solors at any time within days previously during business hours, and the pchaser [respive pchasers] shall be deemed to have full notice at the time of the sale of the contents of all such documts. (a) See the notes to the last Precedent, and especially the note, p. 224, as to the statutory provisions; and see also SPECIAL CONDITIONS, III. 7. THE title to the ppty [each lot] shall commence with Title to be shown (b). the lease [or underlease] under which the same is held as stated in the parlars, and the pchaser shall not call for the production of or make any objection or requisition respecting the lessor's or previous title, although the same may be recited or referred to, or he may otherwise have notice thof, but shall assume that such lease was well granted [and that any lease purporting to be granted in exercise of a power was in conformity with such power]. Add any special conditions as to title, dc., see SPECIAL CONDITIONS. 8. Condition as to recitals being evidence, if required, p. 230. 9. Insufficiency of covenants for production, p. 230. 10. Identity, p. 230. nants (c). 11. THE rect for the last paymt of rent accrued previously Evidence of performto the completion of the pchase in respect of the ppty [each ance of lot] shall be accepted as conclusive evidence of the perform-coveance of all the covenants and condons in the lease [or underlease] under which the same is held [and, in the case of an underlease, of the paymt of all rent accrued due under, and the performance of all the covenants and condons contd in the superior lease], or of the effectual waiver of any breach of any covenant or condon up to the completion of the pchase. 12. Expenses, p. 231. 13. Conveyance, p. 282. to vendors 14. THE pchaser [of each lot] shall covenant to indemnify Indemnity the vendors against the rents and covenants of the lease against [under which the same is held], and shall for that ppose, if rent, required, at the joint expense of the pchaser and the vendors, (b) As to the omission of this condition under the V. & P. Act, 1874, s. 2 (2) and the Conv. Act, 1881, s. 3 (1, 4, 5), see above, p. 224, note. For other forms, see SPECIAL CONDITIONS, II. &c. (d). (c) As to the omission of this condition under the Conv. Act, 1881, s. 3 (4, 5), see above, p. 225, note. For another form, see SPECIAL CONDITIONS, III. (d) As to this clause, see Dart, V. & P., p. 557. The indemnity may be Liability of required although the vendor is only an assignee of the lease, as it has been vendor for prepare, execute, and deliver to the vendors a counterpart of the assurance. 15. Custody of title deeds and covenant for or acknowledgment of the right to production, &c., see SPECIAL CONDITIONS, XII. [16. Apportionment of rents, if necessary, see SPECIAL CONDITIONS, VIII.] 17. Time for delivering requisitions, p. 233. Incumbrances, &c. III. GENERAL CONDITIONS on SALE by AUCTION of land of any tenure. A very SHORT FORM relying on the STATUTORY PROVISIONS (a). 1. Condition as to biddings, p. 223. 2. Valuation, short form, SPECIAL CONDITIONS, p. 241. 3. Deposit and completion, p. 227. 4. Possession and interest, p. 228. 5. THE ppty is sold subjt to all outgoings and incidents of tenure, easemts, and other rights, and the [under] leases or agreemts with the tenants, copies of which [as well as of the lease under which the ppty is held] will be produced at the sale, or may be seen previously at the office of the vendors' solor, and the [each] pchaser shall be deemed to have pchased with full notice of the contents thof. rent up to held that he remains liable to the lessor under the Apportionment Act, 1870, completion. for an apportioned part of the current rent which becomes due after completion; Swansea Bank v. Thomas, 4 Ex. D. 94; a questionable decision. (a) This form contains the important conditions; and may often suffice for small transactions; but see notes to the two preceding Precedents. 6. Conditions as to commencement, and evidence of title, see SPECIAL CONDITIONS. 7. Identity, p. 280, form 10в. days after tions. 8. Custody of title deeds, &c., SPECIAL CONDITIONS, XII. 9. ANY requisitions or objections arising on the abstract, Requisiparlars, or condons shall be sent in within the delivery of the abstract, otherwise the same shall be considered as waived (in which respect time shall be of the essence of the contract), and if the [any] pchaser shall insist on any objection or requisition which the vendors shall be unable or unwilling to satisfy, the vendors may by notice in writing to the pchaser or his solor, annul the sale on returning or tendering the deposit without interest, costs, or other paymt. 10. As to misdescription, p. 234, form 16в or 16c. 11. THE sale is subjt to the statutory provons relating Statutory to contracts for the sale of land as far as applicable. 12. Non-compliance with conditions, p. 235. Form of memorandum, p. 235. provisions. |