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''East London Model Dairy Co-Operative v Toyk''〔1955 (1) SA 611 (E).〕 is an important case in South African law. An action for an order cancelling a sale, and for the refund of the purchase price, it was heard in the Eastern Districts Local Division by De Villiers J November 9, 10 and 11, 1954, with judgment handed down on December 9. The plaintiffs' attorneys were RG White, Gillett & McConnachie. The defendant's attorneys were Segal & Pincus. AW Back, QC (with him TM Mullins), appeared for the plaintiff; NC Addleson for the defendant The case concerned a contract for the sale of land, and a subsequent attempt to cancel it. The seller had sub-divided a residential area for business purposes. This the local council had approved, subject to a road service restriction. The administrator did not agree to rezoning, and the seller granted a road service restriction. The council imposed a building line restriction and refused to delete the road service condition. The deed had embodied both restrictions. The purchaser, prior in time, cancelled the sale, and the road service restriction fell away when the rezoning was refused. The court ruled that the council was not entitled to retain both restrictions. The seller was accordingly forced to pass transfer unrestricted, and the purchaser was entitled to reclaim the purchase price. == Facts == The defendant, the owner of a block of ground, had carried on a dairy business on a portion thereof. This business, with the land on which the buildings stood, together with another small portion, he had sold to the plaintiff. The defendant had undertaken to have the ground subdivided so as to give transfer of the land sold. He accordingly applied for a sub-divisional diagram for four lots, three of them to be accorded business rights. As a condition of approval and of these rights, the East London City Council had imposed a condition of a service road. The Administrator had, however, refused to agree to the rezoning of the three lots from residential to business purposes. The defendant then requested the Council to state its conditions in respect of two of the lots so as to enable transfer to be passed. In addition he applied for the existing use of the dairy on Lot 2 to be agreed to. The Council agreed to the latter but imposed a condition of a fifteen-foot building line: that is, a line forbidding the erection of any building or structure nearer than fifteen feet from the street forming the boundary of the lot. No mention was made of a service road. The defendant had in the meantime completed a notarial deed in favour of the Council creating a service road over Lot 2. The defendant, having regard to the imposition of the building line restriction, requested the Council to consent to the cancellation of the service road, which it refused to do. The defendant then caused a notarial deed to be redrafted embodying the fifteen-foot service road and the other conditions. Transfer of Lot 2 was then passed in favour of the plaintiff subject, ''inter alia'', to the fifteen-foot building line and the service road. As the defendant refused to free the lot of the restriction relating to the service road, granted after the sale but before transfer, the plaintiff instituted proceedings cancelling the sale and sued for the return of the purchase price of the land and buildings plus the costs and expenses. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「East London Model Dairy Co-Operative v Toyk」の詳細全文を読む スポンサード リンク
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