53 / 142
MAY, 1928]
The Gazette of the Incorporated Law
Society of
Ireland.
MR. JOHN G. REID, Solicitor, died upon the
17th April, 1928, at his residence, Main
Street, Castleblayney.
Mr. Reid served his apprenticeship with
the late Mr. Richard Alien, Cavan ;
was
admitted
in Hilary Sittings, 1894,
and
practised at Castleblayney.
He was a member of the Council of the
Society from 1924, and was a Vice-President
of the Society for the current year.
MR. RICHARD W. ELGEE, Solicitor, died
upon the 20th April, 1928, at his residence,
Spawell, Wexford.
Mr. Elgee served his apprenticeship with
his father, the late Mr. Richard W. Elgee,
Wexford ;
was admitted in Hilary Sittings,
1890, and practised, in partnership with Mr.
John Elgee, at Wexford, under the style of
Little and Elgee.
NOTARY PUBLIC.
Mr. Sean OhUadhaigh, Solicitor, 12Dawson
Street, Dublin, has been appointed Notary
Public for the City and County of Dublin.
RECENT LEGAL DECISION.
IRISH FREE STATE.
EASTERN CIRCUIT COURT.—KELLS.
(Before His Honor Judge Doyle.)
LYNCH
v.
MCMAHON.
13th April, 1928,—
Solicitor and Client—
Breach of Contract.
This was an action at the suit of James J.
Lynch, Solicitor, against James McMahon
for the recovery of
£12
for professional
charges and damages for breach of contract.
The defendant, in October, 1927, called at
the Plaintiff's office in Kells, and informed
the Plaintiff that he was about to purchase
a farm, the purchase price being £400, and
he instructed the Plaintiff to act as his
Solicitor in the purchase, and to write to the
Vendor's Solicitor for the contract which he
wished the plaintiff to approve of before he
signed
it.
Plaintiff wrote
to Vendor's
Solicitor for the draft contract, and not
having received a reply, he sent his assistant
to the office of Vendor's Solicitor, where his
assistant was informed that the Vendor's
Solicitor had received a letter from another
Solicitor, in which the Solicitor stated he had
been instructed by defendant to act for him, -
and that the draft contract had been sent to
him.
Plaintiff subsequently received from
the other Solicitor, who had been so instructed
by the defendant, a letter informing him of.
his instructions. The Plaintiff furnished the
defendant with bill of costs claiming
£12
scale fee on purchase money.
Judge Doyle, in giving judgment, stated
that it is open to any member of the com
munity to employ a Solicitor to do for him
contentious or non-contentious work, and it
is open to the client to discharge his retainer
at any time, and it is not open to the
Solicitor to insist on doing work after his
discharge. He held that in ordinary con
tentious business, and possibly in many forms
of non-contentious work, the contract is a
contract by the Solicitor to do the work until
discharged by the client, and is a contract
by the client to pay the costs incurred up
to the time when he, the client, elects to
discharge the Solicitor. He held, however,
that in the particular form of non-contentious
work with which this case was concerned, the
contract bound the client as well as the
Solicitor, and that neither party was entitled
to put an end to the relation of Solicitor and
client without becoming
liable
to pay
damages to the other. He held that the
contract was entered into, became binding
on the defendant, was broken by him, and
that the plaintiff was entitled to recover
damages for breach of contract. He gave a
decree for six guineas.
EXAMINATION RESULTS.
At the Preliminary Examination held on
the 16th and 17th April, the following passed
the Examination, and
their names are
arranged in order of merit :—
1. Nicholas A. Byrne.
2. Thomas F. Dempsey.
3.
Joseph F. Shields.
4. Timothy A. Buckley.
5. Michael J. K. Dore.
6.
John J. G. Redington.
7.
John G. Regan.