Cases - Smith v Land and House Property Corporation

Record details

Name

Smith v Land and House Property Corporation

Date

(1884)

Citation

8 Ch D 7

Keywords

Estate agency

Summary

A hotel was described in auction particulars as being 'let to Mr Frederick Fleck (a most desirable tenant) ... thus offering a first-class investment'. In fact Mr Fleck had only paid the Lady Day rent in driblets under pressure and had not paid the Midsummer rent at the time of the auction. He subsequently went into liquidation. It was held that the description 'a most desirable tenant' was not a mere expression of opinion. It was a false assertion that nothing had occurred which indicated that the tenant was undesirable.