The Gazette 1961 - 64
THE REGISTRY Register B.
references were not satisfactory, and thereupon the vendors rescinded the contract under the power reserved to them by the National Conditions of Sale. The purchaser then asked for the return of her deposit of fyo. The agents refused to return the deposit and the purchaser started proceedings against both the vendors and the agents for its return. The vendors also started proceedings for the return of the deposit. The County Court judge gave judgment for the purchaser against the vendors and for the vendors against the agents. The Court of Appeal dismissed the agents' appeal from the decision of the County Court Judge. The case turned upon the meaning of the words " willing and able " and particularly upon the latter word. The appellants relied upon conditions (b) and (d) it being their contention that they had introduced " a person willing and able to purchase " the business within clause (c), or, alternatively, the case fell within (), since they had been paid a deposit which had not been withdrawn within a period of thirty days. The court rejected the contention that the word " able " meant merely financially able. Denning W. R. said that a purchaser must be able in the case of the leasehold to satisfy the lessor that he is a suitable tenant so that the lessor is willing to accept him as a tenant and to give his consent to the assign ment. Otherwise he is not an " able " purchaser ; for he is not able to complete the purchase. " Able " means able not only to sign a contract but to go on and complete the purchase. The Court was also of the opinion that in the ordinary way of business when an estate agent is going to supply a purchaser the understanding of most people is that commission is payable out of .the purchase price when the matter is concluded. The Court accordingly held that if the agent seeks to depart from the ordinary well understood term he must make it perfectly plain in his contract and if he produced a document which is capable of two constructions, one reasonable and the other un reasonable, the Court will strive to give the document the reasonable interpretation. In the particular contract it was provided that the agents were instructed " to do their utmost to introduce to us a person willing and able to purchase the business ". The Court said that this could not mean that the agents earned their commission by doing " their utmost " if their utmost did not produce any result. What was meant therefore was that the agents were entitled to their commission when they introduced a willing and able purchaser and an able purchaser meant one who was in a position to go through with the sale. (Dellafiora v. Lester 1962-3 All England Reports, page 393, The Law Times, October 26th, 1962, page 595.)
CONVEYANCING AND PROBATE CLERK with two years' experience with present employers in London requires similar position in Ireland, preferably in Dublin. Full particulars supplied on request. Box 8269. Register C. Will any person knowing anything of the whereabouts of a Will of Joseph Denis Doyle, formerly of Dublin and recently living in London, aged about 80 years, who died in December 1962, please communicate with Messrs. George D. Fottrell & Sons, Solicitors, 30 Lower Baggot Street, Dublin. REGISTRATION OF TITLE ACTS, 1891 AND 1942 ISSUE OF NEW LAND CERTIFICATES Applications have been received from the regis tered owners mentioned in the Schedule annexed hereto, for the issue of Certificates of Title in substitution for the original Certificates issued in respect of the lands specified in the said Schedule, which original Certificates, it is alleged, have been lost or inadvertently destroyed. A new Certificate will be issued in each case, except a case in respect of which notification is received in this Registry within 28 days from the publication of this notice, that the Certificate of Title is still in existence, and in the custody of some person other than the registered owner. Any such notification should state the grounds on which such Certificate is being held. Dated the 2nd day of February, 1963. D. L. McALLisxER, Central Office, Registrar of Titles. Land Registry, Chancery Street, Dublin. SCHEDULE 1. Registered Owner Daniel O'Mahony. Folio number 715 R. County Cork. Lands of Boola- durragha North in the Barony of Kinatalloon containing 248a. or. 2op. 2. Registered Owner R. Naylor & Sons Limited. Folio number 21. County Louth. Lands of Bellurgan in the Barony of Dundalk, Lower containing 133. 3r. op. 3. Registered Owner James Lennon. Folio number 6153. County Longford. Lands of Glen in the Barony of Ardagh containing 323. or. 5p. 4. Registered Owner Bridget Anne Tracey. Folio number 11109. County Tipperary. Lands of Ballycraggan in the Barony of Ormond Lower containing 143. or. 3yp. 5. Registered Owner Philip Reilly. Folio number 16738. County Cavan. Lands of Mountprospect in the Barony of Castlerahan containing i9a. 2r. op.
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