My Lord er in paragraph three fourteen of the statement of claim there is an important fact er which is a fact that is admitted by the defendant which is this that  had the defendant on the plaintiff's behalf taken the opportunity which was open to the plaintiff by virtue of national condition twenty two which should say and served a special notice to complete upon the vendors on about the eighteenth or the twenty second of October, the contract would in fact have been rescinded on the thirteenth or the nineteenth of November nineteen eighty five and the plaintiff would therefore have been able to get out of the contract and that, as I say, is admitted in the amended dissent.