P.M.P.A. Insurance Ltd v Archer

• Jurisdiction: Ireland
• Judge: MR. JUSTICE BUTLER
• Judgment Date: 10 November 1969
• Neutral Citation: 1965 WJSC-HC 580
• Date: 10 November 1969
• Court: High Court

1965 WJSC-HC 580

THE HIGH COURT

P.M.P.A. INSURANCE LTD v. ARCHER

P.M.P.A.INSURANCE CO, LTD,

Plaintiff

VINCENTIA ARCHER

Defendant

MR. JUSTICE BUTLER

1 The question I have to decide is a question of fact- did the parties agree to sell and purchase the property? If that question of fact is answered in the affirmative the Court has to decide whether there is sufficient note of memorandum of the contract. It has been agreed that if the bargain was entered into, the note or memorandum contained in the letters is sufficient. Accordingly,the first question I have to decide is did Mrs. Archer unconditionally agree in her letter of 23re March that she would sell 14 Herbert Place to the plaintiffs if they would pay £10,000 for it. The history of the negotiations is that some time before 19th March she had been approached with an offer to purchase by a firm of auctioneers, Messrs.Murphy, Buckley & Keogh. Before accepting this offer she wrote to the plaintiffs to know if they would be interested. They replied to that indicating their interest, saying they would consider it but asking for certain, particulars. They were willing to consider the matter under two heads, what the property was worth as an investment property, and accordingly they asked what the...