Waldron v Jacob and Millie

• Jurisdiction: Ireland
• Judgment Date: 23 November 1870
• Date: 23 November 1870
• Court: Chancery Division (Ireland)

V. C. Court.

WALDRON

and

JACOB AND MILLIE.

Owen v. ThomasENR 3 My. & K. 353.

Macdonald v. LongbottomENR 1 E. & E. 977, 987.

Newell v. RadfordELR L. R. 3 C. P. 52.

Horsey v. GrahamELR L. R. 5 C. P. 9.

Baumann v. JamesELR L. R. 3 Ch. App. 508.

Ogilvie v. FoljambeENR 3 Mer. 52.

Rose v. Cunynghame 11 Ves. 550.

Brodie v. St. Paul 1 Ves. Jun. 326.

Mooly v. Egan 7 Ir. Eq. R. 590.

Jones v. SmithENRENR 1 Hare, 43; 1 Phil. 244.

Hannah v. HodgsonENR 30 Beav. 19, at p. 27.

Joyce v. De MoleynsUNK 2 J. & Lat. 374.

Colyer v. FinchENR 5 H. L. C. 905.

Jolland v. Stainbridge 3 Ves, 478.

Barnhart v. GreenshieldsENR 9 Moore, P. C. 18.

Statute of Frauds — Memorandum — Sufficiency of Description of subject matter of Contract — Notice.

TOL. V.] EQUITY SERIES. 131 WALDRON v. JACOB AND MILLIE. Statute of Frauds-Memorandum-Sufficiency of _Description of subject matter of Contract-Notice. The vendor of leasehold premises wrote a letter to her solicitor stating, "I have closed with Mr. W. for this place." Held, a sufficient memorandum in writing within the Statute of Frauds, and that parol evidence was admissible to show what " this place" was. W., after completing a contract to buy certain premises, told M. that he had done so. M. was afterwards informed by the vendor that the treaty with W. was off. M. did not make any further inquiry, and bought and took an assignment of the premises himself. Held, that he must be held to have had notice of W.'s contract. Tilts was a suit for specific performance. On or about the 9th of October, 1869, advertisements were published, whereby the tenant's interest in the dwelling-house, offices, and lands of Thornbury, belonging to the Defendant, Jane Jacob, was advertised to be sold ; and it was stated that the preÂÂmises were held for the term of one life, aged about sixty years, at the yearly rent of £86 9s. 2d.; and that application was to be made to Mrs. Jacob, Thornbury, Abbeyleix, or to Thomas Turpin, Esq., solicitor, Maryborough. The statement as to the term in the advertisement was not correct, as the lease contained a coveÂÂnant to renew for one life, in addition to the one then in existence. On the 20th of October, 1869, the Plaintiff and Mrs. Jacob had an interview. There was a conflict of evidence as to what took place ; but the Vice-Chancellor came to the conclusion that it was then agreed between the Plaintiff and Mrs. Jacob, that the Plaintiff should purchase the tenant's interest in the premises at the price of £150 ; and on the same evening the Plaintiff wrote the following letter to Mr. Turpin "DEAR SIR,-Mrs. Jacob has accepted my offer of £150 for her interest, &e., in Thornbury. It is too much ; but I was obliged, under pressure, to give it. Will you kindly make the necessary K2 132 THE IRISH REPORTS. [I. R. V. C. Court. arrangements between us. I shall probably call on you to-morrow 1870. about half-past six o'clock. Yours very truly, " JOHN WALDRON." On the morning of the 21st of October, the Plaintiff again saw Mrs. Jacob, when, at his request, she wrote the following letter, which she read for the Plaintiff, and sent by him to Mr. Turpin : " DEAR MR. TURPIN,-I have closed with Mr. Waldron for this place ; you will kindly arrange or draw a deed, so that I may get out of the responsibility with Mr. Bayley ; he has settled to give £150. Yours very truly, 44 JANE JACOB. "21st October, 1869." On the evening of the same 21st of October, the Plaintiff received the following letter from Mrs. Jacob :- " DEAR SIR,-1 am apprised that Mr. Fitzpatrick is entitled to his fees on the sale of this place ; should this be the case, you will have to pay, as I will not. I am writing to Mr. Turpin to see to it. Yours very truly, " JANE JACOB. " Thornbury, 21st October,1869." The Plaintiff replied to this letter, stating that as the place was not sold by auction, no fees were payable. On the 21st of October, the Plaintiff got the lease of the premises from Mr. Turpin, and read it ; but, at that time, Mr. Turpin had not the probate of Mr. Jacob's will, under which Mrs. Jacob derived title. He said he would look for it; and on the 22nd of October, the Plaintiff received the following letter from Mr. Turpin llfaryborough, 22nd October, 1869. " MY DEAR Sin,-I have made search for the probate of Mr. Jacob's will, and cannot find it ; Mrs. J. says I have it. If it cannot be procured between this and the day of auction, the farm must be put up for sale, and the purchaser to take: the title, Vol,. V.] EQUITY SERIES. 133 such as Mrs. Jacob can give, for better for worse. What say you V. C. Court. to that ? Drop me a line. Yours truly, 1870. 4 4 THOMAS TURPIN. WALDRON " J. Waldron, Esq." v. JACOB AND On the 23rd of October, the Plaintiff received the following MILLIE. letter from Mrs. Jacob :- " DEAR have just learned from Mr. Turpin, that you require to see my title to dispose of Thornbury before you would consent to the purchasing of it ; that I can't do, and I am deterÂÂmined to set it up by public auction...