Hayden n v Davis and Others


Supreme Court.

Halligan v. Davis and Others

Agreement - Construction - Licence to golf club to play over links - Power to apply for Excise licence in certain events - Meaning of "transfer of the licence" in indenture - Proposed extinguishment of existing licence and grant of licence for new hotel premises - Whether a "transfer" - Hypothetical states of fact - Declaratory judgments.

Cur. adv. vult.

The judgment of the Court was delivered by

Murnaghan J.:

This appeal was taken by G. H. Pentland and others, who were added, under an order of 24th May, 1929, as defendants to the summary summons which sought a determination as to the construction of an indenture, dated 29th July, 1926, made between the plaintiff and the original defendants to the originating summons.

By order, dated 21st June, 1929, Mr. Justice Johnston declared that the grant to the plaintiff of a seven days' ordinary licence for his new hotel premises, adjoining the links of the County Louth Club, in consideration of his agreeing to the extinguishment of the existing licence attached to the premises known as "The 19th," and referred to in said indenture, is a transfer of the licence from the premises known as "The 19th"to the new hotel premises, within the meaning of clause 5 of the said indenture.

The grounds of the appeal are twofold:First, that the Court should not have answered questions that are hypothetical, as depending upon events which have not yet happened; and, secondly, that, if these events do happen, they will not, on the true interpretation of the deed, come within the meaning of the word "transfer," as contemplated by the parties.

To understand the point so raised it is necessary to state certain facts, which are not in dispute. The first-named defendants are the trustees of the County Louth Golf Club, which has its links at Baltray, some distance from Drogheda. The plaintiff is the landlord of the premises over which the links extend, and he is also the owner of two licensed premises one in the town of Baltray, and one close to the links, known as"The 19th." The indenture, dated 29th July, 1926, is one by which the plaintiff granted a licence to the first-named defendants, as trustees for the Golf Club, to play over the lands, and to erect a club-house on the lands. Particular stipulations dealt with the provision by the Golf Club of wines, beers, and spirits. The trustees, inter alia, covenanted that they would not, save as thereinafter mentioned, permit any wines, beers, or spirits, or other excisable or...

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