King v Walsh

• Jurisdiction: Ireland
• Judgment Date: 30 April 1932
• Date: 30 April 1932
• Docket Number: (1930. No. P. 441/30.)
• Court: Supreme Court (Irish Free State)

[S. C., I.F.S.]

King

and

Walsh

Car taken with owner's consent with a view to purchase subject to conditions - Non-fulfilment of conditions by intending purchaser - Letter from owner to intending purchaser left at the latter's address demanding return of the car - Whether letter a sufficient demand prior to action brought.

Defendant agreed to buy a motor car from the plaintiff, who was a dealer in motor cars, upon the terms that he should pay a deposit of £100, part of the purchase money, on the 10th September, 1930, that he should pay the balance of the purchase money by instalments, and that the transaction should be carried out by means of a hire-purchase agreement. The defendant signed a proposal form to carry out the hire purchase agreement, and on the 6th September, 1930, he went to the plaintiff's place of business in Dublin and, having promised to bring or send the deposit on the following 10th September, was permitted by the plaintiff to take away the car, The defendant drove the car to Kerry and did not return to Dublin until the 22nd September. He did not pay the deposit. On the 13th September the plaintiff, having ascertained the defendant's address in Kerry, wrote to him to that address, requesting him to pay the deposit without further delay, but did not request the defendant to return the car. This letter did not reach the defendant until his return to Dublin on 22nd September. On the 15th September the plaintiff's solicitor forwarded a letter by hand to the defendant's Dublin address, calling upon the defendant to return the motor car to the plaintiff by noon on the following day, or pay the deposit and complete the hire purchase agreement, failing which a writ would be issued. The defendant did not receive this letter until the...