Crane v Naughten

JurisdictionIreland
JudgeK. B. Div.
Judgment Date29 April 1912
CourtKing's Bench Division (Ireland)
Date29 April 1912
Docket Number(1911. No. 13712)
Crane
and
Naughten (1).

K. B. Div.

(1911. No. 13712)

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1912.

Contract — Letting of grazing for six months — Relation of landlord and tenant — Interest in land — Written memorandum — Deasy's Act, 1860 (23 & 24 Vict. c. 154), s. 4.

Held, that the contract was one “in respect to lands whereby the relation of landlord and tenant was intended to be created for a definite period of time” less than a year, within the terms of section 4 of Deasy's Act, 1860, and therefore did not require to be in writing.

Held, also, that if the Statute of Frauds were applicable to such a contract, such note or memorandum as aforesaid would be insufficient to satisfy that statute.

New Trial Motion.

In October, 1911, the plaintiff, Miss Alice Mary Crane, who is the owner in fee of certain lands known as Cloonakillia, gave instructions to Mr. Robert English, auctioneer, Athlone, to set by auction the winterage of a portion of the said lands, containing about 30 acres statute measure. In pursuance of such instructions the auctioneer published an advertisement by poster, and in the local press.

The following is a copy of the advertisement:—

“Winter Grazing.

“Subscriber is instructed by Miss Crane to let by auction on the lands, on Monday next, October 9th, about 30 acres of the lands of Cloonakillia, within three miles of Athlone, for grazing purposes, from date of letting to 1st April, 1912.

“There is a heavy crop of grass on the farm, as it has not been stocked since 1st May.

“Terms at letting, at 12 o'clock.

“Robert English,

“Auctioneer, Athlone.”

A man named McManus attended at the sale, and offered £13 10s., which the auctioneer accepted, stating “that any bid should be submitted to Miss Crane.” The name of the defendant, Bernard Naughten, was then given to the auctioneer as the purchaser for whom McManus had bid; and the auctioneer made the following entry in his book, opposite the words “Miss Crane's meadows”:“Bernard Naughten, £13 10s.” But some days afterwards he added to this entry, so as to make it read:“Miss Crane's meadows—from letting to 1st April—Bernard Naughten, £13 10s. Sent herd to ask if Miss Crane was satisfied. October 14, told Bernard Naughten Miss Crane objected.” Miss Crane on being informed of the identity of the purchaser refused to accept him, and in consequence the auctioneer informed the defendant, Naughten, that he was not accepted. Notwithstanding, the defendant insisted on putting his cattle on the lands; plaintiff's herd drove them off on several occasions, and defendant as often put them back again. Plaintiff's solicitor then wrote to defendant threatening legal proceedings if the cattle were not withdrawn. Naughten continued to keep his cattle on the lands, and the plaintiff thereupon issued a writ claiming damages for wrongful entry upon her said lands and depasturing cattle thereon, and for an injunction to restrain the defendant from continuing to depasture his cattle on the plaintiff's lands and from interfering with the plaintiff, her servants, and agents, in her use of the said lands. Defendant moved to remit the action to the County Court; and, by consent, an order was made setting the action down for trial without further pleadings at the next ensuing Roscommon Spring Assizes before a Judge without a jury. The action came on before Mr. Justice Kenny, on the 12th of March, 1912. The following is a copy of the Judge's notes of the trial:—

“This action was tried before me without a jury at the Roscommon Spring Assizes, on the 12th March, 1912. It was one of trespass to land.

“I refer to the pleadings.

“Mr. McCormack was for the plaintiff. Leonard for the defendant.

“Mr. M'Cormack stated auction of the grazing farm, October to April. Mr. McManus the ostensible purchaser.

“The following evidence was given:—

“Alice Mary Crane, plaintiff—‘I own these lands. In October, 1911, I instructed Mr. English to let the lands for grazing. My man told me of the result of the auction. I signed nothing.'

“Cross-examined—Defendant had had the grazing for some years, £25 for eleven months. The land had been meadowed in 1911.

“Robert English, an auctioneer—‘Got instructions from plaintiff to let the grazing on 9th of October, 1911. There were only five people at the auction. The defendant was not there. I said, “I'll withdraw,” and was about driving away when either O'Neill, or McManus, a brother-in-law of defendant, offered £10, and then £12; £13 10s. was then suggested. I said that any bid should be submitted to Miss Crane. O'Neill said it was for defendant, and I entered his name in my book (book entered). On the 14th October, I...

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