Kealy v Tenant

• Jurisdiction: Ireland
• Judgment Date: 29 April 1861
• Date: 29 April 1861
• Court: Queen's Bench Division (Ireland)

Queen's Bench

KEALY

and

TENANT.

Hodgson v. Le BretENR 1 Camp. 233.

Elmore v. StoneENR 1 Taunt. 458.

Dodsley v. VarleyENR 12 Ad. & El. 632.

Bushel v. Wheeler 15 Q. B. 442, n.

Hodgson v. Le BretENR 1 Camp., N. P., 233.

Anderson v. Scott Ibid, note.

Chaplin v. RogersENR 1 East. 192.

Edan v. Dudfield 1 Q. B. 302.

Morton v. Tibbett 15 Q. B. 428.

Baldey v. Parker 2B. & Cr. 37.

Carter v. Toussaint 5B. & Ald. 855.

Parker v. WallisENR 5 El. & Bl. 21.

394 COMMON LAW REPORTS. E. T. 1861. Queen's Bench KEALY v. TENANT. April 29. The Judge, at NEW TRIAL MOTION.-Action to recover damages in respect of the the trial, is to decide whether loss and expense consequent upon a re-sale of cattle sold to the the evidence of a construe- defendant. tine delivery The writ of summons and plaint contained three paragraphs. The of goods bar- gained and first paragraph stated that the plaintiff bargained and sold to the sold, is suffi cient to satisfy defendant twelve heifers, at the price of £10. lis. 6d. each, upon the Statute of Frauds. the terms that the plaintiff should there deliver the said heifers to the defendant, and that the defendant should accept the same, and pay the said price for the same on delivery. General averÂment of the performance by the plaintiff of all conditions preÂcedent. Breach, non-acceptance and non-payment, " whereby the "plaintiff incurred divers expenses in keeping and finding the said " heifers, and in re-selling the same ; and also a loss upon the " re-sale of the said heifers." Second paragraph :-That the plaintiff bargained and sold to the defendant twelve heifers, at the price of £10. 17s. 6d. each, upon the terms that the plaintiff should forthwith deliver to the defendant the said heifers, and that the defendant should thereupon pay the price, as aforesaid. Averment :-That the plaintiff, in pursuance of the said contract, forthwith delivered to the defendant the said...