Kolkata Court July 1890 Judgments

Sutherland Vs. Cohen

Court: Kolkata

Reported in: (1890)ILR17Cal920

W. Comer Petheram, C.J., and Prinsep J.1. This is a suit brought by the plaintiff against the defendant for the specific performance of a contract to purchase a house. The contract was in writing, and two points have been argued before us: first, that the defendant is entitled to give evidence to show that the written document does not accurately express what the contract between the parties was; secondly, that on the true construction of the written contract as it stands, the defendant was not liable to take the house unless his solicitors approve the title: that they had not done so, and consequently this action is not maintainable. The first point was taken before Mr. Justice Wilson, and he says: 'I may say at once that the oral evidence in my opinion conclusively shows that the letters contained the whole of the contract between the parties, and that the defendant himself, his _ attorney and everybody else concerned in the case acted on that view of the matter.' As to that, it is s...