White v Spendlove

JurisdictionIreland
CourtSupreme Court
Judgment Date26 February 1942
Date26 February 1942
(S.C.),
White
and
Spendlove

Claim for recovery of purchase money on ground of total failure of consideration - Plea of no concluded agreement -Claim in former action for rescission of alleged contract and return of purchase money - Whether same cause of action - Dismissal of claim "same not having been proceeded with" - Effect of order in those terms - Estoppel - Evidence -Note in Registrar's Book admitted to explain ground of order - Rules of the Supreme Court (Ir.), 1905, Or. XXVI, r. 1.

  1. T. S., the defendant in the present action, brought an action in the High Court in 1936 against E. W., the present plaintiff, claiming specific performance of an alleged agreement in writing, dated 9th February, 1935, which provided for the purchase by the said E. W. of certain premises for the sum of £1,050 by way of sub-lease for a term of 150 years to commence on 1st July, 1935. In her defence to that action, E. W. denied that she...

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12 cases
  • Royal Bank of Ireland Ltd v O'Rourke
    • Ireland
    • Supreme Court
    • 1 January 1963
  • Doherty (A Minor) and Another (plaintiff) v North Western Health Board and Another
    • Ireland
    • High Court
    • 20 May 2010
    ...EASTERN HEALTH BOARD 2008 ECR I-7403 2009 ILPR 28 HENDERSON v HENDERSON 1843-60 AER REP 378 67 ER 313 1843 3 HARE 100 WHITE v SPENDLOVE 1942 IR 224 MEDICAL DEFENCE UNION LTD MEMORANDUM & ARTICLES OF ASSOCIATION ART 48 MEDICAL DEFENCE UNION LTD MEMORANDUM & ARTICLES OF ASSOCIATION ART 47 EE......
  • First Active Plc v Cunningham
    • Ireland
    • Supreme Court
    • 22 February 2018
    ...However, as emerges from the judgment of the High Court, this 'compulsory' non-suit has likewise been abolished (see White v. Spendlove [1942] I.R. 224, following Fox v. Star Newspaper Co. [1898]1 Q.B. 636). In White, Murnaghan J., who was in the majority, stated as follows at p. 239 of t......
  • Joint Stock Company Togliattiazot v Eurotoaz Ltd
    • Ireland
    • High Court
    • 3 May 2019
    ...of working a res judicata between the parties concerning the re-litigation of the same issue in the future – see White v Spendlove [1942] 1 IR 224. I intend to address this issue by requiring an appropriate undertaking from the plaintiff as a condition of the grant of leave to Conclusion 44......
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