White v Spendlove
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 26 February 1942 |
| Date | 26 February 1942 |
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.
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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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