Devine v Fields

JurisdictionIreland
Judgment Date01 January 1920
Date01 January 1920
CourtChancery Division (Ireland)
Ch. Div.,
Devine
and
Fields

Joint venture - Uncertainty of agreement - Absence of writing -Trustee - Statute of Frauds - Registered land -Oral agreement.

The plaintiff purchased a farm, having agreed with the defendant that, if the plaintiff were permitted to purchase alone, he would cede part thereof to the defendant. In an action by plaintiff for an injunction restraining the defendant from going on a portion of the lands:—Held, that the plaintiff had lulled the defendant into silence, and must be deemed a trustee for the defendant as to the portion formerly occupied by the defendant.

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3 cases
  • McGillycuddy v Joy and Another
    • Ireland
    • High Court
    • 4 March 1959
    ...the Court would grant relief. Rochefoucauld v. BousteadELR [1897] 1 Ch. 196; Chattock v. MullerELR8 Ch. D. 177; and Devine v. FieldsDLTR 54 I.L.T.R. 101 considered and applied. (1958. No. 55 P.) McGillycuddy v. Joy and Another. THE McGILLYCUDDY OF THE REEKS Plaintiff and DAVID JOY and WILLI......
  • Du Boulay and Others v Raggett and another
    • United Kingdom
    • Chancery Division
    • Invalid date
  • Conroy v Fitzpatrick
    • Ireland
    • Supreme Court
    • 18 December 2003
    ...court would grant relief The cases of Rochefoucauld v. Boustead [1897] 1 Ch. 196, Chattock v. Muller 8 Ch. D. 177, and Devine v. Fields 54 I.L.T.R. 101 were 59 There are many similarities between the circumstances of McGillicuddy v. Joy and the case in hand. The parties to the agreement we......

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