Nature of the Case
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Facts
Radford (P) owned a home which also had an adjacent garden and plot of land. P’s home was divided into flats and rented. It was obvious that P could build another home on the large garden and plot. P obtained planning approval to build the house. P sold the land to D for 6,500 pounds wherein D promised to build a wall between the plot and the remainder of P’s land. D never built the wall and P sued for 3,400 pounds, the cost of building the wall. It was determined that the lack of a wall did not diminish the market value of P’s land. The court granted P his damages, and D appealed.
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