Lappen v Purcell

• Jurisdiction: Ireland
• Judgment Date: 01 January 1965
• Date: 01 January 1965
• Court: High Court

(H.C.)

Lappen

and

Purcell

"Wilful default" - Delay in completion due to difficulties in discharging equities - Whether vendor entitled to interest.

A contract for the sale of lands had been entered into on the 18th August, 1952, and the date fixed for completion was the 31st October, 1952. The contract provided that if from any cause whatever (other than the wilful default of the vendor) the purchase should not be completed on or before the date fixed for completion the purchaser would pay to the vendor interest at the rate of 5% per annum on the balance of the purchase money from that date until the completion of the purchase. A clause in the contract provided for the discharge of equities by the vendor which were not discharged until the 21st January, 1954. The purchaser went into possession of the premises under a caretaker's agreement, having paid a deposit, and remained in possession until his death sometime prior to the date on which the equities were discharged. On the 31st July, 1954, Letters of...