Irish Dunlop Company Ltd v Ralph

• Jurisdiction: Ireland
• Judgment Date: 01 January 1961
• Date: 01 January 1961
• Court: Supreme Court

(S.C.)

Irish Dunlop Co. Ltd

and

Ralph

Claim for moneys received by lessor to lessee's use - Alleged agreement prior to lease that lessor be entitled to retain portion of moneys - Rectification of lease set up as defence - Counter-claim for breach of covenant to repair - Prima facie answer to claim - Adjournment for plenary hearing - Rules of the HighCourt and Supreme Court, 1926, O. 15, r. 5.

The plaintiffs, who were lessees of newly erected factory premises from the defendant, by summary summons claimed a liquidated sum alleged to have been paid to the defendant to be applied in discharge of the rates which were due in respect of the premises, as money had and received by the defendant for, to the use of, and on account of the plaintiffs. It was admitted that, by virtue of the provisions of s. 4 of the Local Government (Temporary Reduction of Valuation) Act, 1954, the valuation of the premises must be deemed to be reduced for rating purposes so as to make portion only of the sum which had been paid in fact due in respect of rates, and that no rates had in fact been paid by the defendant, but it was contended by the defendant (a) that the real agreement between the parties was that the defendant should be given the benefit of the remission of rates, and (b) that the defendant was entitled to damages on a counterclaim for breach of covenant to repair in the lease in a...