The Times Of Ceylon Company, Ltd. V. The Attorney General

1936 Present : Macdonell C.J. and Poyser J.

THE TIMES OF CEYLON COMPANY, LTD. v.
THE ATTORNEY-GENERAL.

97-D. C. Colombo, 1,063.

Agreement for sale of land-Covenant to sell property in the event of the vendor purchasing it -No covenant to buy-Option to buy-No implied covenant to purchase-Successful party deprived of costs-Discretion of Court.

An agreement was entered into between the plaintiff company and the Crown for the sale to the company of a block of land adjoining its premises, the buildings to be erected thereon, and the transfer of a certain strip of land belonging to the company to the Crown for the purpose of street-widening in exchange for the transfer by the Crown to the company of a strip of land belonging to the Crown.
In the first seven clauses of the agreement the Crown binds itself to sell and the company binds itself to buy the aforesaid block of land adjoining its premises. The two parties bind themselves mutually to give in exchange the two strips of lands mentioned. There are convenants by the company as to the value of the buildings it will erect on the block of land, covenants

Click Here to Read the rest of this document