Viscount Massereene v Alexader Finlay

• Jurisdiction: Ireland
• Judgment Date: 17 April 1850
• Date: 17 April 1850
• Court: Queen's Bench Division (Ireland)

Queen's Bench

VISCOUNT MASSEREENE

and

ALEXADER FINLAY.

Bower v. CooperENR 2 Hare, 408.

Owen v. Thomas 3 Myl. & Kee, 353.

Shore v. WilsonENR 9 Cl. & Fin. 555.

Ogilvie v. FoljambeENR 3 Mer. 53.

Huddleston v. Briscoe 11 Ves. 583.

Boydell v. DrummondENR 11 East, 142.

Hughes v. ParkerENR 8 M. & W. 244.

496 CASES AT LAW. E. T. 1850. Queen's Bench VISCOUNT MASSEREENE v. ALEXANDER FINLA Y. (Queen's Bench.) April 17. In an action SPECIAL AssumrsiT.-The declaration contained three counts, but on a written contract for the plaintiff rested his case on the third count, which was in this the sale of the defendant's form : interest in certain pre- And whereas also, heretofore, to wit, on &c., at &c., in considera mises, subject , to the office bon that the plaintiff, at the like special instance and request of rent, evidence dehors the the defendant, had then and there bargained with the defendant to instrument may be re- purchase of him certain other premises, to wit, certain premises sorted to, show hat to called the brewery concern, situate at &c., with the appurtenances, w that interest for an estate of freehold, to wit, an estate for the lives of the three was. A count of the declara- persons in a certain indenture of release respectively named, and tion stated the agreement to the life of the survivor of them, and for and during the life and be for the pur chase of au lives of such other person and persons as should for ever there-interest in a lease for lives after be added thereto, in pursuance of a covenant for the perpeÂÂrenewable for ever ; at the tual renewal of the said term and estate in the said last mentioned trial it ap- i peared there indenture of release in that behalf contained, at, under and subject were other premises held, to a certain yearly rent, at and for a certain other large sum of with those agreed to be money, to wit, the sum of 500, and thereupon certain terms were disposed opf,e rb-y then and there agreed upon between the plaintiff and the defendant; son. Held, a and he the defendant then and there faithfully promised the plaintiff variance. to make to him a good title of the said last mentioned premises for such estate of freehold as aforesaid, to wit, for tile lives of the said three persons, and the life of the survivor of them, and for the life and lives, &c., subject to such yearly rent as aforesaid, within a reasonable time then next following ; and although the plaintiff bath always been ready and willing to pay the said last mentioned sum of money, and to perform the said last mentioned purchase, in all things on his part and behalf to be performed and fulfilled, whereof the defendant bath always had notice, to wit, at &c., yet the defend-. CASES AT LAW. 497 ant, not regarding his last mentioned promise and undertaking, but contrary thereto, and intending to deceive and defraud the plaintiff in this behalf, bath not, although a reasonable time for that purpose hath long since elapsed, as yet made, or caused to be made, to the plaintiff, a good title to the said last mentioned premises for such estate of freehold as aforesaid, but 'lath hitherto wholly neglected and refused, to wit, at &c., by means whereof the said plaintiff hath been deprived of all the benefits and advantages which would have arisen from the completion of the said last mentioned purchase, and bath been put to great expenses, in the whole amounting to a large sum of money, to wit, the sum of 100, in endeavouring to procure such title as aforesaid, and in and about the investigating the title to the said last mentioned premises, and in and about the causing divers documents and writings respecting the same to be prepared, and in and about the making, causing and procuring to be made, divers searches for acts, deeds, judgments and incumbrances affecting the said last mentioned premises, and in and about the endeavourÂÂing to procure the completion of the said last mentioned purchase, to wit, at &c. The declaration contained also the money counts, and the defendÂÂant pleaded the general issue. The trial took place at the Spring Assizes of 1849 of the county of Antrim, held at Carrickfergus, before Pigot, C. B. and from the evidence it appeared the contract rested on certain letters addressed to a Mr. Hitchcock, the attorney of the plaintiff, and the defendant. The following letters were read for the plaintiff; one was adÂÂdressed to Mr. Hitchcock by the defendant, and bore date 1st of March 1845, in the following words : "I received a letter from Mr. Mackay, stating that Lord MasseÂÂ" reene wished to purchase the brewery concern from me in Antrim, "the term being expired which I granted to the present tenants. I "would therefore wish to get his lordship's opinion before I would "let it to another, as am quite willing to let his lordship have it." The next was written also by defendant to Mr. Hitchcock, and bore date 18th of March 1846 :- " Agreeable to your wish, I hereby make you an offer for Lord 498 CASES AT LAW. "Massereene of my interest in that property, commonly called the "brewery concern, in the town of Antrim, viz., for 500 sterling, "subject to the office rent, Possession to be given on or about the " 1st of May next." To this...