Reilly v Brodie

Contract – Contract for transfer of real right in land – Specific implement. Sheriff Court: Dismissing an action in which the pursuer sued the defender for payment of £15,000 said to be due following the sale of his fishery business to the defender, the court concluded that the record was not fit for proof given the paucity of specification of the only basis on which an informal contract constituting the transfer of a real right in land could be said to be binding on the defender, and in any event the case was irrelevant because the contract averred contained a suspensive condition which was never purified and accordingly specific implement could not be enforced by court decree upon the defender.

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