I am of opinion that that paragraph—and that is the only paragraph (except a denial of readiness and willingness to convey) which deals with the title—was not intended to raise any question of title, but was directed entirely to the fact that the buildings had been destroyed by fire and that in consequence the whole property agreed to be purchased could not be transferred. In any event the defect or supposed defect in the title, if there is any such—to quote from Lucas v. James, supra—was not “prominently put forward in the pleadings”; and I am of the opinion that there should be a reference to the local Registrar on the question of title.
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