Maloo and others v Somar

Sale of land – Repudiation of contract. The first appellant as vendor had been under an express obligation to convey eight lots to the defendant, with good marketable title and, if that had required planning permission for sub-division, he had needed to obtain it so as to be able to perform his primary obligation under the agreement for sale. The Privy Council, in dismissing the appellants' appeal, further held that the first appellant had committed a repudiatory breach of the contract by transferring the lots to his sister and the respondent had been entitled to substantial damages.

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