CO129-136 - Sir MacDonnell - 1869 [1-3] — Page 302

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

2977.

"Mr. Dráhell signed a Contract by which he bound himself to sell upon notice and did not stipulate that the buyers should not have the power to withdraw their notice when given.

"It is true that although the Lands Clauses Act is silent as to the withdrawal of notice, the Courts have held that the Railway Companies have no power to withdraw a notice. But in the one case there was a voluntary Contract, and in the other a Compulsory one; and the ground of those decisions is that the Contract, although inchoate, can be reduced to certainty by the Machinery of the Act; and this explains the passage cited by the Acting Attorney General from Sugden's Vendors and Purchasers 14th ed. p. 200 to the effect that where there is power by Act of Parliament to purchase "with the usual provisions for ascertaining the value" a notice cannot be withdrawn.

All the Decisions seem based upon the same principle, viz:- that the notice coupled with the Machinery of the Act for ascertaining the value constitute a binding Contract, from which neither Party can recede.

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2977. "Mr. Dráhell signed a Contract by which he bound himself to sell upon notice and did not stipulate that the buyers should not have the power to withdraw their notice when given. "It is true that although the Lands Clauses Act is silent as to the withdrawal of notice, the Courts have held that the Railway Companies have no power to withdraw a notice. But in the one case there was a voluntary Contract, and in the other a Compulsory one; and the ground of those decisions is that the Contract, although inchoate, can be reduced to certainty by the Machinery of the Act; and this explains the passage cited by the Acting Attorney General from Sugden's Vendors and Purchasers 14th ed. p. 200 to the effect that where there is power by Act of Parliament to purchase "with the usual provisions for ascertaining the value" a notice cannot be withdrawn. All the Decisions seem based upon the same principle, viz:- that the notice coupled with the Machinery of the Act for ascertaining the value constitute a binding Contract, from which neither Party can recede.

Baseline (Original)

-O 2977. "Mr. Dráhell signed a Contract by which he bound himself to sell upon notice and did not stipulate that the buyers should not have the hover to withdraw their notice when mcc given. "It is time that although the Lands Clauses Act is silent as to the withdrawal of notice. : the Courto have held that the Railway Companies have us hover a notice. But in to withdraw the one case there متر A no voluntary Contract, and in the other a Comfulsory one; and the ground If those decisions is that the Contract although inchoate can be reduced to certainly by the Machinery of the Act; and this explains the passage cited by the Acling Attorney General from Sugden's Vendors and Purchasers 14 hd: f. 200 to the effect that where there is hower by Act of Parliament to furchase "with the usual provisions or ascertaining the value" a notice cannot be withdrawn._ All the Decisions seem based upon the same principle, viz:- that the notice coupled with the Machinery of the Act for ascertaining the value Constitute a binding Contract, from which neither Party Casi recede.

2026-05-20 02:57:50 · Baseline

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-O

2977.

"Mr. Dráhell signed a Contract by which he bound himself to sell upon notice and did not stipulate that the buyers should not have the hover to withdraw their notice when

mcc

given.

"It is time that although the Lands Clauses Act is silent as to the withdrawal of notice. : the Courto have held that the

Railway Companies have us hover

a notice. But in

to withdraw

the

one case

there

متر

voluntary

Contract, and in the other a

Comfulsory one; and the

ground If those decisions is that the

Contract although inchoate can be reduced to certainly by the Machinery of the Act; and this explains the passage cited by the Acling Attorney General from Sugden's Vendors and Purchasers 14 hd: f. 200 to the effect that where there is hower by Act of Parliament to furchase "with the usual provisions or ascertaining the value" a notice cannot be

withdrawn._

All the Decisions

seem based upon the same principle, viz:- that the notice

coupled with the Machinery of the Act for ascertaining the value Constitute a binding Contract, from which neither Party

CO129-136 - Sir MacDonnell - 1869 [1-3] — Page 302

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