(6.) The purchaser shall not require the production, or any abstract or copy, of any deed, will, or other document dated or made before the time prescribed by law or stipulated for commencement of the title, even though the same creates a power subsequently exercised by an instrument abstracted in the abstract furnished to the purchaser; nor shall he require any information, or make any requisition, objection, or inquiry, with respect to any such deed, will, or document, or the title prior to that time, notwithstanding that any such deed, will or other document, or that prior title, is recited, covenanted to be produced, or noticed; and he shall assume, unless the contrary appears, that the recitals contained in the abstracted instruments of any deed, will, or other document forming part of that prior title are correct and give all the material contents of the deed, will, or other document so recited, and that every document so recited was duly executed by all necessary parties, and perfected, if and as required, by fine, recovery, acknowledgment, inrolment, or otherwise (u).

Proper evidence of title.

Recitals, etc. in instruments twenty years old to be prima facie evidence.

Production of and inquiries as to the title earlier than for the last forty years not to be required or made.

(r) Parr v. Lover/rove, 4 Drew. 170; 1 Dart, V. & P. 295, 296, 5th ed.; 337, 6th ed.; 331, 7th ed.; Re Cox & Neve's Contract, 1891, 2 Ch. 109, 118.

(s) See below, Chap. IV., sect. 3.

(t) V. & P. Act, 1874, stat. 37 & 38 Vict. c. 78, s. 2 (rule 2).

2. - (i.) The vendor shall also produce, as available to be transferred to the purchaser in fulfilment of the contract, a piece or pieces of land substantially identical as respects tenure, incidents of tenure, estate, situation, quantity and otherwise, with the property described in the contract (X).

(2.) If the property, which the vendor is able to convey in fulfilment of the contract for sale, shall not be substantially identical with the property described in the contract, the vendor shall not enforce the contract at law or in equity, and the purchaser may treat the contract as broken (y); but if in such case there be a mere deficiency (whether of estate, area or otherwise) capable of assessment at a money value, the purchaser may in equity exact the specific performance of the contract with compensation for the deficiency, provided this will not prejudice third parties (z, or involve great hardship on the vendor (a).

Vendor must produce 'a property-identical with that described in the contract.

Substantial errors of description to the purchaser's detriment.

(u) Conv. Act, 1881, stat. 44 & 45 Vict. c. 41, s. 3 (3).

(x) Above, p. 33.

(y) Flight v. Booth, 1 Bing. N. C. 370; Pulsford v. Richards, 17 Beav. 87, 9.5, 96; Swaisland v. Dearsley, 29 Beav. 430; Torrance v. Bolton, L. R. 8 Ch. 118; Re Arnold, 14 Ch. D. 270; Re Beyfus and Masters Contract, 39 Ch. D. 110; Re Fawcett and Holmes' Contract, 12 Ch. D. 150; Jacobs v. Revell, 1900, 2 Oh. 858: Re Hare and O'More's Contract, 1901, 1 Ch. 93; Dart, V. & P. 134, 135, 1072 - 1078, 5th ed.; 151, 152, 1198 - 1205, 6th ed.; 147, 1086 - 1092, 7th ed.: Fry, Sp. Perfce. Sec. 1209, 1217-1238.

(z) Thomas v. Dering, 1 Keen, 729, 6 L. J. N. S. Ch. 267; Will-mott v. Barber, 15 Ch. D. 96.

{a) Mortlock v. Buller, 10 Ves. 292, 315; Castle v. Wilkinson, L. R. 5 Ch. 534, 536; Hooper v. Smart, L. R. 18 Eq. 683; Hor-rocks v. Rigby, 9 Ch. D. 180; Fry. Sp. Perfce. Sec. 1209, 1210, 1267 sq.; Rudd v. Lascelles, 1900, 1 Ch. 815.

(3.) If the property available to be conveyed by the vendor in fulfilment of the contract shall correspond substantially with that described therein, but owing to an error innocently made by the vendor there shall be some small and insubstantial deficiency either of quantity or estate or in some other respect, the vendor (though he shall not enforce the contract at law), may nevertheless in equity exact the specific performance thereof, on giving compensation for the error (b); and the purchaser shall have the like right to enforce specific performance with compensation (c), but shall not be entitled to insist on his legal right to rescind the contract or recover damages for its breach (d), if the vendor shall be willing to make compensation and shall assert his own right to specific performance on those terms (e).

(4.) If the vendor by his own fault or inadvertence shall have described in the contract of sale a property more extensive than that which he meant to sell, and is able to convey the property described in fulfilment of the agreement, then (whether the error be substantial or insubstantial) he shall have no right to enforce the contract at law or specifically otherwise than according to its terms or to oblige the purchaser to allow him compensation (f); and in case of the vendor's refusal so to perform the contract, the purchaser shall be entitled, not only to insist on his legal rights (g) arising from the vendor's breach, but also to enforce the contract specifically (h); except that, if the error were innocently made and be so serious that it would be a great hardship on the vendor to oblige him to perform the contract specifically, the purchaser shall not be entitled to enforce specific performance unless he choose to take without compensation what the vendor really intended to sell (i).

Insubstantial errors of description of the same kind.

Errors of description made by the vendor to his own detriment.

(b) Calcraft v. Roebuck, 1 Ves. jun. 221; Fry, Sp. Perfce. Sec. 1213, 1229 - 1238.

(c) This follows, a fortiori, from the proposition stated in the preceding paragraph.

(d) At law the vendor's failure in any respect, however small, to produce a property answering to that described in the contract is a breach of one of his main duties under the agreement; see above, pp. 33, and n. (A), 36, Chap. XIII.