Vernon v Small

• Jurisdiction: Ireland
• Judgment Date: 01 January 1937
• Date: 01 January 1937
• Docket Number: (1935. No. 373 P.)
• Court: High Court (Irish Free State)

I.F.S.]

Vernon

and

Small

not to use premises for certain trades or businesses, "or for any other offensive or noisy trade, business or profession whatsoever" - Private house turned into flats - Waste - Injunction.

A lease made in 1862 of a plot of ground contained covenants by the lessee to build "one substantial dwelling-house"and also to maintain and keep in repair the same when built. It also contained a covenant by the lessee "not to employ or use, or permit to be employed or used, any part of the said demised premises, or any house or buildings thereon, as a shop or tavern or public-house, nor for the purpose of the trade or business of a soap-boiler, chandler, baker, butcher, fishmonger, poulterer, greengrocer, distiller, sugar-baker, brewer, druggist, apothecary, tanner, skinner, lime-burner, brick-burner, tile-burner, hatter, silversmith, coppersmith, pewterer, founder, blacksmith, paper manufacturer, or any other offensive or noisy trade, business or profession whatsoever . . . ." The house was erected pursuant to the above-mentioned covenant, and the lessee's interest in the lease subsequently became vested in the defendant, who, by erecting internal partitions and by fitting gas fires, cookers, and...