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Principles and Practice in Matters Of, and Appertaining to Conveyancing.

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  • ISBN13:9781130833836
  • ISBN10:1130833836
  • Publisher:Rarebooksclub.com
  • Language:English
  • Author:John Indermaur
  • Binding:Paperback
  • SUPC: SDL980274051


Learn More about the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 Excerpt: ...of requisitions is absolutely binding,1 subject, no doubt, to the Court's power to relieve in some cases of mistake or misapprehension. It must, however, be borne in p rtfecl( mind that the time will only run from thejlelivery of a perfect abstract, and if the abstract is imperfect, and is afterwards added to or amended, the purchaser may raise objections at any time before completion.2 To endeavour to provide for this, it is not unusual to add to the condition the words, "and for the purpose of any objection or requisition, the abstract shall be deemed perfect if it supplies the information suggesting the same, though otherwise defective." In some cases the condition provides that an abstract shall be delivered within a certain time, and then the requisitions within a certain time afterwards. This is not advisable, for if the abstract is not delivered within the prescribed time, the purchaser is not bound by the condition to deliver his requisitions within a fixed time; for the vendor, by not delivering his abstract within the proper time, is taken to have waived the stipulation as to the time for the requisition, which may accordingly be delivered within any reasonable time.3 It is best simply to provide Provision us that the requisitions shall be delivered within a torclmsitionscertain time from the receipt of the abstract. If a day is fixed for delivery of the abstract, it appears also that, if not duly delivered, the purchaser is entitled to refuse to carry out the contract, and even if no time is fixed and it is not delivered within a reasonable time, the position is the same 4; but if the purchaser receives and keeps the abstract then it is otherwise.1 As a general rule, where a time is fixed for delivery of objections to, or requisiti...

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