16 VLR 821JAMES v. GIBSON Supreme Court of Victoria (Full Court) WILLIAMS, WEBB, and HODGES, JJ. December 5, 8, 9, 18 December 1890Vendor and purchaser — Sale of land — Conditions of sale — Requisitions on title — Waiver — Abandonment of waiver.
A purchaser bought certain land in settlement from agents purporting to act on behalf of all persons interested therein at law or in equity. The contract of sale was dated 4th December 1888, and by the 5th condition it was provided that the purchaser should, within one month of notice to inspect title, which should be given within three months from the date of the contract, deliver a statement in writing of all objections or requisitions to or on the title, and in that respect time should be of the essence of the contract. All objections or requisitions on the actual title deeds produced (not being in consequence of the vendors’ replies) not included in such statement, should be deemed absolutely waived. A copy of this contract was confirmed by all the persons beneficially and legally interested in the property.