The Estate of R S. R Fetherstonhaugh

• Jurisdiction: Ireland
• Judgment Date: 04 May 1909
• Date: 04 May 1909
• Court: Chancery Division (Ireland)

In the Matter of the Estate of R. S. R. Fetherstonhaugh.

Wylie, J.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1909.

Land Purchase Acts — Irish Land Act, 1903 (3 Edw. 7, c. 37), sect. 48 (3) — Agreement for purchase entered into — Date of — Sale under section 6 — Waiver of formal proposal and acceptance.

Held, that the Commissioners by their acts had waived the formal proposal and acceptance contemplated by their letter of the 11th November, 1907, and had ratified the contract already agreed to by the vendor prior to the crucial date (1).

Question of law submitted by the Estates Commissioners for the decision of the Judicial Commissioner, under section 23, sub-section 1, of the Irish Land Act, 1903.

The facts as appearing in the amended memorandum of the Estates Commissioners were as follows:—

The lands, the subject-matter of the proceedings for sale in this matter, were untenanted lands situated at Battstown, Dryderstown, and Killulagh, County Westmeath.

On the 14th June, 1907, the vendor, by his solicitor, wrote to the Estates Commissioners as follows:— “Herein I enclose you ordnance map and certificate of valuation of certain untenanted lands in the occupation of the above owner, which, on his receiving a satisfactory and adequate price, he would be prepared to sell to the Estates Commissioners, and he is desirous that an Inspector should visit the property, and furnish him with an estimate of the price which they would be prepared to give; notice of the day of inspection being given to me.”

On receipt of the foregoing letter, the Estates Commissioners, on the 11th November, 1907, after inspecting the lands for sale, wrote to the vendor as follows, by their Secretary:— “I am directed by the Estates Commissioners to inform you that they have had the lands in the schedule and map inspected, and that they estimate the price of same at £13, 364, which is exclusive of such bonus as may be payable according to law. This estimate is furnished solely for the vendor's information and is not to be taken as an offer to purchase the lands. If, within fourteen days from this date, the vendor intimates by letter that he is prepared to proceed with the sale of the lands set out in schedule at the price mentioned, and forthwith institutes proceedings by lodgment of an originating request, accompanied by the maps and schedules prescribed by the Rules, for the sale of an estate comprising the above-mentioned lands and any other tenanted or untenanted lands on the same estate, the Commissioners will direct such further inspection as may be required, will make inquiries as to suitable purchasers for the lands, and take such other steps as may be...