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Lamare v Dixon (1873) LR 6 HL 414

The defendant wished to lease some cellars. He went to view cellars owned by the claimant but saw that they were damp. The claimant promised that he would make the cellars dry before the lease commenced and the defendant agreed orally to take the lease. The claimant did not keep his promise and the defendant refused to complete the lease. The claimant bought an action for breach of contract seeking specific performance of the lease agreement.

 

Held:

Specific performance was refused due to the claimant not keeping his promise in making the cellars dry.

 

Lord Chelmsford stated :

"The conduct of the party applying for relief is always an important element for consideration."
 
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