O'Mullane v Riordan

JurisdictionIreland
Judgment Date01 January 1978
Date01 January 1978
CourtHigh Court
(H.C.)
O'Mullane
and
Riordan

Contract subject to planning permission being obtained -Contract further providing that if permission obtained purchaser might pay a higher price at his own discretion - Whether void for uncertainty - Subsequent agreement as to wayleave -Whether material part of contract - Whether sufficient note or memorandum - Statute of Frauds, 1695 (c. 12), s. 2.

The plaintiff entered into a contract to buy some acres of land from the defendant. The contract, which was drawn up by the plaintiff's solicitor, provided for the sale of the land at £1,500 per acre, subject to outline planning permission being obtained. The contract further provided that in the event of planning permission being obtained, the purchaser might pay a higher price, at his own discretion. On the day on which the contract was signed by both parties, a further agreement was drawn up and signed by the plaintiff alone —although witnessed by the defendant's wife. This provided that a wayleave would be granted to the defendant for the connection of water and sewage. When the plaintiff sought to enforce the contract, the defendant (who meantime had received a higher offer) refused to furnish the title deeds on the grounds that the contract was unenforceable until planning permission had been obtained, and on the further ground of uncertainty as to the amount of the consideration. The plaintiff subsequently received planning permission. His claim for specific performance was resisted by the defendant on the grounds that the contract was void for uncertainty, planning permission had not been obtained within a reasonable time, the sale was at a gross undervalue due to the fact that the defendant did not have the benefit of independent advice, and the agreement relating to the wayleave was a material part of the contract, and that there was no memorandum in writing signed by the defendant. Held by McWilliam J. in awarding a decree of specific performance, the plaintiff submitting to the agreement which...

To continue reading

Request your trial
2 cases
  • O'Connor v Coady
    • Ireland
    • Supreme Court
    • 21 October 2004
    ...INVESTMENTS PROPERTY LTD 1982 149 CLR 537 HEALY V HEALY UNREP KENNY 3.12.1973 MAYNARD V GOODE 1926 37 CLR 540 O'MULLANE V RIORDAN 1978 ILRM 73 HUNT V WILSON 1987 2 NZLR 261 GANGE V SULLIVAN 1966 116 CLR 441 INCORPORATED LAW SOCIETY OF IRELAND GENERAL CONDITIONS OF SALE 1995 CLAUSE 40 SANDWE......
  • Tanat Ltd v Medical Council
    • Ireland
    • High Court
    • 16 May 2013
    ...unless the event in question happens. This view exactly corresponds with the view expressed by McWilliam J. in Omulane v. Riordan [1978] ILRM 73 at p. 77, where he said the following:" 101 'the fact that a contract is subject to a condition has the effect of a making it unenforceable until......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT