A Practical Compendium of Equity Arranged And Digested ...

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By the Judicature Act, 1873, s. 25 (7), stipulations in contracts as to time or otherwise, which would not before the passing of this act have been deemed to be or to have become of the essence of such contracts in a court of equity, shall receive in all courts the same construction and effect as they would have heretofore received in equity.
Not unfrequently, also, the time for objecting to the answers is limited. The second branch of the condition is framed so as to enable the vendor, if unab
...le or unwilling to comply with a requisition, to rescind the contract on returning the deposit without interest or costs.
This condition is held to be a reasonable and prudent one, proper to be used by persons selling in a fiduciary character, for instance, mort- gagees selling under powers of sale. Falkner v. Eq. Rev. Soc., 4 Drew. 352. If a vendor has himself made default in not furnishing his abstract at the stipulated time, he cannot insist that time is of the essence of the contract in respect of the delivery of objections and requisitions.


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