Usitravel v Freyer

• Jurisdiction: Ireland
• Judge: Mr. Justice Finlay
• Judgment Date: 29 October 1973
• Neutral Citation: 1966 WJSC-HC 126
• Court: High Court
• Date: 29 October 1973

1966 WJSC-HC 126

THE HIGH COURT

DUBLIN CIRCUIT

COUNTY OF THE CITY OF DUBLIN

Usitravel v. Freyer

USITRAVEL LIMITED

Plaintiffs

and

PATRICK FREYER

Defendant

1 Judgment of Mr. Justice Finlay delivered the 29th day of October 1973

Mr. Justice Finlay

2 This is an Appeal brought by the Plaintiffs against the dismissal by the learned Circuit Court Judge of their claim for specific performance of a contract which they allege was made between them and the Defendant on or about the 13th October 1972 for the sale by the Defendant to the Plaintiffs of the flat consisting of two rooms a bathroom and lavatory situate on the second floor back and front of the house and premises number 6 St. Stephen's Green held by the Defendant under a tenancy agreement for the price of £6,000.

3 The evidence in the case was almost agreed and established before me the following facts.

4 The ???query?????? in October of 1972 in the premises number 6 St. Stephen's Green. The Defendant is an architect and had office above those occupied by the Plaintiff company. The Plaintiff company was anxious at that time to expand its office space and wrote to the Defendant asking would he be prepared to sell his interest in a lease of his offices to the Defendants. A certain amount of correspondence which is not material to the issues before me took place between the Plaintiffs and the Defendant in September and early October of 1972 and eventually on the 13th of October 1972 a meeting took place in the Defendant's office between Mr. Dempsey the Secretary of the Plaintiff company and Mr. Gordon Colleary a Director of the Plaintiff company and Mr. Freyer the Defendant. I am satisfied that at that meeting which is said to have lasted about 15 to 20 minutes the major point of discussion was the price which the Plaintiffs would have to pay for the Defendant's interest in the lease and a figure of £6,000 was eventually agreed. Another matter which was of importance to both the Plaintiffs and the Defendant and which was discussed at that meeting was the date on which the Plaintiffs would obtain possession and it was there agreed that possession of the majority of the premises would be given over on the 1st or January 1975 but that the Defendant would be entitled to use a store room off the stairs at the lower level in the office accommodation until the 31st of March 1973. There was a further discussion and I am satisfied a further agreement with regard to what furnishings and fittings would be excluded from the sale and what would be included. I am also satisfied that at that meeting it was agreed between the parties that they would exchange the names of their respective solicitors and under a misapprehension by both parties as to the usual procedure it was arranged that the solicitors for the purchasers who were the Plaintiffs should prepare a contract to embody the terms of the agreement which had been reached. On the 16th of October 1972 the Defendant wrote to Mr. Dempsey of the Plaintiff company in the following terms.

5 "Further to our meeting last Friday when your Mr. Colleary also attended I confirm our agreement for the sale of my interest in the Lease for my offices to your company. The purchase price is £6,000 (six thousand pounds). The sale is subject to landlords consent, clear title and vacant possession by January the 1st 1973 excepting that ???query?????? the stairs at the lower level until the 31st of March 1972.

6 "Office furnishings and fittings are excluded from the sale together with drawing storage units and work tops in front office and filing area floor coverings venetian blind in small front office and lighting and heating fitments.

7 "My solicitor is Mr. D.R. Felton of Molloy Fayle Tyndall & Company 18 Eustace Street Dublin 2. I understand your solicitors are Reddy Charlton & McKnight 12 Fitzwilliam Place Dublin 2 and that you are instructing them to prepare a contract, the terms and conditions of which are to be agreed between the solicitors. I should be glad to have your confirmation of your agreement to these arrangements.

Yours sincerely"

8 and signed by the Defendant.

9 This letter was followed by a letter written by the Defendant on the 24th of October 1972 and again to Mr. Dempsey which is as follows:

10 "Further to our telephone conversation last Friday I would be glad if you could drop me a note confirming your agreement to purchase".

11 That letter of the 24th October appears to have crossed in the post a letter written by Mr. Dempsey to the Defendant which is in the following terms:

12 "I wish to confirm that we have now instructed our solicitors Messrs. Reddy Charlton & McKnight 12 Fitzwilliam Place Dublin 2 to draw up a contract of sale in respect of our proposed acquisition of your office lease-hold interest for £6,000. Our solicitors has been asked to contract Mr. Felton of Molloy Fayle Tyndall & Company directly.

Yours sincerely

13 Usitravel Limited".

14 Evidence was given that subsequent to the writing...