The Gazette 1927-30

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.