Esso Petroleum Company (Ireland) Ltd v Fogarty

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 21 December 1965
• Docket Number: (1965. No. 2289 P.)
• Date: 21 December 1965

(S.C.)

Esso Petroleum Co. (Ireland) Ltd

and

Fogarty

Breach of contract - Solus agreement - Agreement by defendant to deal exclusively in petrol supplied by plaintiffs - Sub-demise by defendant of petrol pumps and tanks - Preservation of status quo -Extent of damage to plaintiffs.

By agreement, dated the 21st April, 1964, the defendant agreed to purchase his total requirements of motor fuel at his service station exclusively from the plaintiff Company for a period of five years from the date of the agreement, and not to sell, or offer to sell, the service station or the business carried on therein during the said period without first giving the plaintiffs an opportunity of introducing a purchaser, and to use his best endeavours to ensure that any purchaser, assignee or transferee would enter into a similar agreement with the plaintiffs. On the 27th October, 1965, the defendant purchased and commenced selling a supply of Golden motor fuel from a company other than the plaintiffs. On the 29th October, 1965, the plaintiffs applied for, and obtained, an interim injunction restraining the defendant by himself and his servants and agents from taking or receiving Golden motor fuels or any motor fuels other than Esso motor fuels, at the said station. This injunction was effective up to the 3rd November, 1965. On the 29th October, 1965, the plaintiffs served notice of motion seeking an interlocutory injunction restraining the defendant from taking or receiving supplies of Golden motor fuel at the said station in breach of the said agreement. On the 8th November, 1965, the defendant agreed with one, William Allen, to sub-let to...