15 Aug 2005
JANSEN & ANOR V WHANGAMATA HOMES LTD CA CA266/04
- Citation
- openlaw-3feffbff_62c4_4520_8c92_2e93bbbd95db.pdf
- Court
- Court of Appeal
The Court held that Whangamata Homes' post-30 June 2003 conduct (demanding payment for extras, solicitor's letter requesting the transfer in anticipation of settlement, and subsequent correspondence acknowledging title and invoicing) constituted an unequivocal election to continue the contract, thereby precluding later cancellation under clause 22; accordingly the appellants were entitled to specific performance and leave to seek summary judgment.