Lavan v Walsh
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1965 |
| Date | 01 January 1965 |
| Court | High Court |
Agreement for sale to solicitor in trust for client - Whether solicitor contracting as principal - Action for specific performance instituted by solicitor - Hardship - Discretion of the Court.
On the 14th February, 1962, the defendant and the plaintiff attended at the office of the solicitor for the defendant for the purpose of arranging terms of sale of certain freehold registered lands of which the defendant was the registered full owner subject, as to some of the lands, to certain rights of support and maintenance reserved to her mother during the latter's life. At the date of the meeting the plaintiff was acting as solicitor for, and under instruction from, a Mr. S. and Miss S. On the 16th February, 1962, the terms agreed upon at the meeting held on the 14th February, 1962, were embodied in a letter written and sent by the solicitor for the defendant to the plaintiff. On the 28th February, 1962, the plaintiff wrote to the solicitor for the defendant, referring to the said letter of the 16th February, 1962, "re sale of her lands to the writer in trust for a client" and accepting the terms of sale set out in that letter, and asking for delivery of a contract. No formal contract was delivered or executed, it being subsequently agreed between the plaintiff and the solicitor for the defendant that the terms of the agreement were fully set out in the letter of the 16th February, 1962. On the 5th March 1962, the plaintiff forwarded a cheque to the solicitor for the defendant for the amount of the agreed deposit and his letter was headed: "Miss B. T. Walsh to Self (in Trust)." The agreement made between the plaintiff and Mr. S.and Miss S. inter se was that the plaintiff should act independently of them until...
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