Lord Ranelagh v. Melto

62 Eng.Rep. 627 (Chancery 1864)

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Nature of the Case

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Facts

Melton (D) agreed to lease land to Banks and Vinall for a term of 99 years from June 1856 subject to certain ground rents and the articles of agreement. Those articles provided that within seven years from June 23, 1856, that the lessees can purchase the fee simple for any of the leased plots of land if they give 3 month’s notice to the lessor and at the end of such three-month notice pay 210 pounds and all rent payable to and including the current quarter and that the lessor shall then convey the freehold and inheritance in the plots. The articles of agreement included an assignment provision that indicated that the terms of purchase would also apply to their assigns. The interests under the lease subsequently became vested in Ps. Ps wanted to purchase and on March 20, 1963, they served on D notice of their desire to purchase. The three-month period expired on June 20th and the seven years expired on June 24th, but nothing further took place until July 1st when P’s solicitor sent to D draft conveyances. D then wrote to P’s solicitor and said he did not consent to excuse the default and then refused to perform the sale. From the facts, it appeared that the purchase money had never been tendered. P filed for specific performance.