(n) The last words are inserted to remind the parties of the fact, that the appointment of a valuer is. not completely made until it has been notified to the opposite party; Tew v. Harris, 11 Q. B. 7. (o) See above, p. 62.

6. If the purchaser shall insist on any requisition or objection as to the title, evidence of title, conveyance, possession, receipt of rents or any other matter appearing on the abstract, particulars or conditions or connected with the sale, which the vendor shall be unable or unwilling to remove or comply with, the vendor shall be at liberty, notwithstanding any negotiation or litigation in respect of such requisition or objection (q), to give to the purchaser or his solicitor notice in writing of his intention to rescind the contract for sale unless such requisition or objection be withdrawn; and if such notice be given and the requisition or objection be not withdrawn within ten days after the day on which the notice was sent, the contract shall without further notice be rescinded (r). The vendor shall thereupon return to the purchaser his deposit, but without any interest, costs of investigating the title, or other compensation or payment whatever.

7. The purchaser shall admit the identity of the property purchased with that comprised in the muniments offered by the vendor as the title to such property, upon the evidence afforded by a comparison of the descriptions contained in the particulars of sale and in the muniments (s).

Reservation to vendor of right to rescind the contract.

Identity.

(p) See above, p. 62.

(q) These words will not enable the vendor to rescind after final judgment has been given against him in a proceeding for determining the validity of some objection taken by the purchaser; Re Arbib and Class's Contract, 1891, 1 Ch. 601.

(r) See above, p. 64.

(s) See above, p. 65.

8. The property is believed, and shall be taken to be correctly described as to quantity and otherwise. The property is sold subject to all chief and other rents, rights of way and water, and other easements (if any) charged or subsisting thereon, and to all leases, tenancies, and occupations, whether mentioned in the particulars of sale or not; and to all rights and claims of lessees, tenants and occupiers (t). If any error, misstatement, or omission be discovered in the particulars of sale, the same shall not annul the sale, nor shall any compensation be allowed by the vendor in respect thereof.

9. The purchaser shall pay the remainder of his purchase-money, and the value of the fixtures, timber and other trees, tellers, pollards, saplings, and underwood, on the ------day of ------next, at the office aforesaid of Messrs. ------ to the vendor or as he shall in writing or otherwise duly authorize. Upon such payment the vendor and all other necessary parties (if any) will execute a proper assurance of the property to the purchaser; but such assurance, and every other assurance and act (if any) which shall be required by the purchaser for getting in, surrendering, or releasing any outstanding estate, right, title, or interest, or for completing or perfecting the vendor's title, or for any other purpose, shall be prepared, made, and done, by and at the expense of the purchaser (u); and every such assurance

No compensation for errors of description.

Completion.

(t) General words like these, which must of course be modified according to the nature of the property Bold, are inserted to protect the vendor against rents. easements, or tenants' claims of which he may he unaware at the time of sale. They would not enable him to enforce specific performance of the contract subject to any rents, easements, or tenancies, which would be serious incumbrances and were known to the vendor, but not mentioned in the particulars; Heywood v. Mal-lalicu, 25 C h. D. 357; Nottingham shall be left at the office aforesaid not less than ten days before the said------day of------next.

Brick & Till Co. v. Butler, 16 Q. B. I). 778; l Dart, V. & P. 156, 5th ed.: 177. 6th ed.: 172. 7th ed.

(u) Words like these have been held to throw upon the purchaser the costs of the concurrence in the conveyance of the vendor's mortgagees: Be Willett and Ar-Ar-genti 5 Times L. R. 476; but not the costs of deducing title to any outstanding estate: Re Adams' Trtutees and Frost's Contract, 1907, 1 Oh. 695. But if it be intended that the purchaser shall hear the expense of the concurrence in the

10. The rents will be received, possession retained and the outgoings discharged by the vendor up to the said------day of ------ next. As from that day the outgoings shall be discharged, the rents received and possession taken by the purchaser. The rents and outgoings shall, if necessary, be apportioned between the vendor and the purchaser for the purpose of this condition. If from any cause whatever the purchase shall not be completed on the said------day of------next, the purchaser shall pay interest on the remainder of his purchase-money and on the aforesaid value of the fixtures, timber and other trees, tellers, pollards, saplings and underwood, at the rate of ------b. per cent, per annum, from that day until the purchase shall be completed; and shall not be entitled to any compensation for the vendor's delay or otherwise (x).

11. If the purchaser shall fail to comply with the above conditions, his deposit shall thereupon be forfeited, and the vendor shall be at liberty to resell the property at such time, in such manner and subject to such conditions, as he shall think fit; and any deficiency in price which may happen on, and all expenses, which may attend the resale, shall immediately afterwards be paid by the defaulter to the vendor; and, in case of nonpayment, shall be recoverable by the vendor as liquidated damages (y).

I [insert name and description] hereby acknowledge that on the sale by auction this------ day of ------of the property mentioned in the foregoing particulars I was the highest bidder and was declared the purchaser thereof subject to the foregoing conditions at the price of------l., and that I have paid the sum of------l. by way of a deposit and in part payment of the said purchase-money to [the auctioneer] and I hereby agree to pay the remainder of the said purchase-money and complete the said purchase according to the aforesaid conditions.