Bank of Ireland v Smith and Others
| Jurisdiction | Ireland |
| Judgment Date | 03 October 1966 |
| Date | 03 October 1966 |
| Docket Number | [1961. No. 546.] |
| Court | High Court |
Mortgage suit - Misdescription in advertisement - Representation or warranty.
An advertisement of land for sale in Court in a mortgage suit erroneously stated that portion of the lands was sown with barley and undersown with permanent pasture. This statement was made honestly but mistakenly by the auctioneers who were the agents for the vendors, the second, third and fourth-named defendants, the parties having carriage of the sale. Held by Kenny J. 1, that the statement in the advertisement was a representation which was incorrect although made innocently and honestly; 2, that it would be against conscience that the vendor in a Court sale should not be bound by a representation made by his agent in connection with that sale; 3, that the purchaser was entitled to recover damages for breach of warranty by reason of the fact that the relevant portion of the lands was not in fact undersown. Hedley Byrne &...
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