Chambers v Kelly

• Jurisdiction: Ireland
• Judgment Date: 24 May 1873
• Date: 24 May 1873
• Court: Exchequer (Ireland)

Exchequer.

Before FITZGERALD, DEASY, and DOWSE, BB.

CHAMBERS

and

KELLY.

Macdonald v. LongbottomENR 1 E. & E. 977.

Mumford v. GethingENR 7 C. B. N. S. 305.

Price v.MouattENR 11 C. B. N. S. 508.

Birch v. DepeysterENR 1 Stark. 210.

Weston v. EmesENR 1 Taunt. 115.

Powell v. EdmundsENR 12 East, 6.

Evans v. RoweELR L. R. 7 C. P. 138.

Sotilichos v. KempENR 3 Ex. 105.

Smith v. JeffryesENR 15 M. & W. 561.

Harnor v. GrovesENR 15 C. B. 667.

Shore v. WilsonENR 9 Cl. & Fin. 355, 525.

In the Goods of PeelELR L. R. 2 P. & D. 46.

Contract Written instrument Parol evidence.

Vut.. COMMON LAW SERIES. CHAMBERS v. KELLY (1). Contract-Written instrument-Parol evidence. In an action between the parties to an agreement in writing for the purchase of oaks growing on certain lands, " together with all other trees growing through the oak plantations, and mixed with the oak," the question in dispute being what trees beside oaks were included in the agreement :-Held, that evidence of conversations between the parties in reference to the sale, prior to the agreement, was properly received in order to identify the subject-matter of the contract. AcrioN for conversion of the Plaintiff's timber, out and removed by the Defendant. The Defendant pleaded a traverse, leave and license, and a plea of justification, under a contract of purchase and sale. The case was tried before Mr. Joshua Clarke, Q. C., as Judge of Assize, at the Wexford Summer Assizes, 1872. The Plaintiff, who was owner of the lands of Greenmount, deÂÂposed that the Defendant entered into an agreement in writing with him, on the 5th of April, 1872, for the sale of larch growing on the lands, and that, on the 8th of April, there was an interview between them with reference to a sale of additional timber. Counsel for the Plaintiff having proposed to ask what was said on this occasion, the Defendant's counsel objected to all evidence of conversation on the subject, on the ground that the further agreement between the parties was reduced to writing by the agreement of the 10th of April, 1872, set out below, p. 232. The learned Judge adÂÂmitted, subject to the objection, the following evidence of the Plaintiff, as leading up to the agreement : "Before this conversation, I had been on the land with Kelly on the 22nd March, 1872. The first day he came he said, I understood you have timber for sale.' I said that I had, and pointed out to him the larch on No. 5 and 6 (2). While there, he offered for all the timber I had to sell. My proposal was to see the timber cut and carted. He said that he preferred cutting and carting it (1) Before FITZGERALD, DEASY, and tiff's map of the lands given in eviÂÂDOWSE, BB. , dente at the trial. (2) The numbers refer to the Plain...