MacCausland and Kimmitt v Carroll and Dooley

• Jurisdiction: Ireland
• Judgment Date: 01 January 1938
• Date: 01 January 1938
• Court: High Court

MacCausland and Kimmitt

and

Carroll and Dooley

For payment of rent - Set-off - Unliquidated claim - Defences available to surety - Circuit Court Rules, Or. 7, rr. 5, 6 - Landlord and Tenant Law Amendment Act (Ir.), 1860 (23 24 Vict., c. 154), s. 48.

A. became tenant of a dwelling-house and certain premises to B. and C. under an agreement whereby A. agreed to pay rent and to keep the premises with the exception of the roof in repair and B. and C. covenanted to keep the roof in repair. By agreement between B. and C. of the one part and D. and E. of the other, D. and E. became sureties for the payment of the rent by A. to B. and C. A. defaulted and B. and C. claimed £126 12s. against the sureties D. and E. In their defence D. and E. claimed that they were entitled to set-off an unliquidated claim of A.'sfor damages for breach of the covenant to keep the roof in repair by B. and C. Held, under the Circuit court Rules, a Surety cannot set up against the Creditor an unliquidated claim of the Principal for damages against the Creditor as a set-off against the claim of the Creditor against the Surety for rent due by the Principal...