Fenton and Another v Schofield and Others

• Jurisdiction: Ireland
• Judgment Date: 01 January 1966
• Date: 01 January 1966
• Court: Supreme Court

(S.C.)

Fenton and Another

and

Schofield and Others

Fishery included in sale - Annual catch overstated -Assessment of damages - Value of property -Interference on appeal with award of judge.

F. purchased B. house and lands together with a fishery for £27,000 from S. who reserved the right to fish with one rod for a period of ten years, the right to be personal to S. himself. S. made representations to F. as to the number of fish caught annually. Evidence was given from which the President of the High Court (the trial Judge) was of opinion that the value of the property was in fact £16,000. Held by Davitt P. 1. That S. had been guilty of fraudulent misrepresentation whereby the plaintiffs had been induced to pay £27,000 for property which was in fact only worth £16,000. 2. The value of the fishery was in the region of £2,400. 3. S.'s right of fishing was worth somewhat less than one third of the value of the fishery. 4. The plaintiffs were entitled to damages of £11,700 the difference between the actual value of the property and the price paid and S. was entitled to damages of 30% of his right namely £210. On appeal to the Supreme Court by the first and third named...