The Gazette 1978

sched., para. 3 - (1977 No. 280R - McWilliam J. - 3/2/78). MacDabheid v. Carroll. SALE OF GOODS Contract Terms — Plastic roofing material — Bakelite — Seller's action for price — Defendant buyer failing to establish that he relied on skill and judgment of seller, or that he was misled by seller's warranty or misrepresentation about properties of material bought — Judgment for plaintiff - (1976 No. 406 - Gannon J. - 7/7/78). Southern Chemicals Ltd. v. South qf Ireland Asphalt. Terms Sale by description — Additive for turkey feed — Plaintiff ordering chemical for mixing with feed prepared by plaintiff - Defendant supplying chemical in pure form — Turkeys dying after eating plaintiff's feed — Diluted chemical safe for mixing in feed — Held on facts that pure chemical ordered — Defendant not negligent in supplying pure chemical to experienced maker of turkey feed — (1972 No. 3258P - Finlay P. - 1/5/78). Bolands Ltd. v. Trouw Ireland Ltd. SALE OF LAND Contract Rescission — Unlawful extension to building — Condition that defendant vendor obtain retention permission or remove extension — Condition not satisfied - Rescission by plain- tiff purchaser valid - (1976 No. 3122P - Hamilton J. - 23/2/78). Hughes v. Carter. Contract Specific performance — Memorandum of agreement - Absence - Part performance - Fraud on revenue — Illegality — Specific performance refused despite unequivocal act of part performance remedying lack of memorandum - (1975 No. 4044P - McWilliam J. - 24/5/77). Starling Securities Ltd. v. Woods. Contract Specific performance - Memorandum of agreement - Documents not referring to each other - No written memorandum - Payment of money not act of part performance— Decree refused - (1977 No. 736P - McWilliam J. - 5/5/78). Howlin v. Power (Dubltn) Ltd. Contract Specific performance - Memorandum of agreement — Insufficiency — Material term omitted - Sale of licensed premises to plaintiff - Closing date not stated - Decree refused - (1977 No. 1904P - Kenny J. - 24/5/78). Delgado v. Crean. Contract Specific performance — Memorandum of agreement - Lease - Date of commence- ment of term not agreed — Contract not enforceable - Statute of Frauds, 1695, s. 2 - (1976 No. 4328P - McWilliam J. - 12/4/78). Law v. Murphy. Contract* Specific performance - Memorandum of agreement — Memorandsm signed by defendant vendor - Additional term agreed after completion of memorandum — Additional term absent frommemorandum - Term in favour of defendant - Plaintiff

undertaking to be bound by additional term - Specific performance decreed - (1975 No. 2156P — McWilliam J. - 20/4/78). O'Mullane v. Riordan. Contract Specific performance - Memorandum of agreement - Signature — Signature of vendor's solicitor on letter - In absence of contrary evidence signature assumed to have been authorised by vendor - Statute satisfied - (1977 No. 386P - McWffllam J. - 28/4/78). Guerln v. Ryan. Contract Specific performance - Sale of public bouse and adjoining land - House owned by hus- band and land owned by wife — Both proper- ties sold by husband, acting for himself and wife, for single price - Two contracts of sale with apportioned price — Sale treated as one transaction - (1977 No. 1483P - McWilliam J. - 30/6/78). Mulrooney v. Regan. Conveyance Consent of spouse - Conveyance void unless prior consent in writing of wife— Exception - Sale for full value to bona fide purchaser — Exception established in evidence - Family Home Protection Act, 1976, s. 3 - (1978 No. 2 Sp - Doyle J. - 16/6/78). Somers v. Weir. Notice Purchaser for value - See Real Property. Discretion - Denial in District Court of opportunity to controvert evidence of previous convictions — Appeal to Circuit Court pending - Similar opportunity available at hearing of appeal — Conditional order discharged - (1977 No. 507 SS - Gannon J. - 6/6/78). The State (Stanbridge) v. Mahon. Habeas corpus Convicted prisoner - Medical treatment — Applicant alleging that treatment unsuitable - Valid warrant in execution of lxwftil sentence - Procedure under Article 40, s. 4, sub-s. 2, of the Constitution inapplicable — (59/78 - Supreme Court - 24/7/78). The State (McDonough) v. Governor qf Mountjoy Prison. Habeas corpus Grounds inadequate — Convicted prisoner — Husband of prisoner also imprisoned — Privilege of husband to visit wife occasionally - Privilege withdrawn due to husband's breach of prison discipline - Wife's imprison- ment not unlawful because of correlative lots of opportunity to receive visits fromhusband - (1978 No. 423 SS - D'Atcy J. - 23/8/78). The State (Murray) v. Governor qf Limerick Prison. STATUTE Interpretation Delegated legislation - Road traffic — Insurance - Insurer's duty to keep records of specified information - Statutory regulations purporting to impose on insurer duty to furnish "any information" required by police - Literal meaning restricted by context - Right of privacy - (1976 No. 539 SS - Doyle J. - 21/2/78. Murphy v. P.M.PA. Insurance Co. 9 STATE SIDE certiorari

RATES - continued

- Case stated - Tanks and vessels held to be machinery and excluded under s. 7 of Annual Revision of Rateable Property (Ir.) Amend- ment Act, 1860 - (1977 No. S37 SS - Finlay P. - 8/5/78). Beamish A Crawford Ltd. v. Commissioner of Valuation. REAL PROPERTY Conveyance Habendum - Words of limitations - See Conveyance. Lease Covenant —Business premises — Shopping centre - Covenant against using or per- mitting use of demised premises for any business other than specified business with- out consent of lessor - Breach by permitting licensee to sell toys on premises during Christmas season - Interlocutory injunction granted to lessor - (1978 No. 7033P - McWilliam J. - 30/11/78). Green Property Co. Ltd. v. Shalaine Modes Ltd. Mortgage Mortgagee - Purchaser for value - Notice - Mortgagor executing mortgage on same day as wife sued him - Declaration in wife's action that mortgagor trustee of property for wife - Held mortgagee had notice of interest of wife - (1975 No. 3130P - McWilliam J. - 23/6/78). Northern Bank v. Henry. Title Registration - Chargeant - Powers - Power of sale of mortgagee by deed — Sale by chargeant having same effect as sale by registered owner for valuable consideration - Chargeant being debenture holder - Receiver not having power to affix seal of debtor company to conveyance to purchaser - Regisgratkm of Title Act, 1964, a. 62 - (S. 1603/78 - Butler J. - 1/5/78). Industrial Development Authority A Folio 43689. REVENUE Customs Mistaken charges - Repayment - Mobile homes — Importer not bound by entry of wrong tariff on customs form - Interpretation of regulations — Repayment ordered - (1974 No. 3310P - McWilliam J. - 19/2/78). Haufryn Estates v. Revenue Commissioners. Exdse Table waters - Beverages kept for sale in bottles - Sachetsfilled with sweetened water - Iced lollipops - Not chargeable as a beverage - Finance (New Duties) Act, 1916, s. 4 - (1974 No. 182P - McWilliam J. - 3/2/78). Attorney General v. Lettf Ltd. Income Tax Emoluments - Deductions - Travelling ex- penses - Taxpayer director of five companies - Mqjor expenses paid by companies - Minor expenses borne by taxpayer - Probab- ility that minor expenses would have been paid by companies if requested - Claim that minor expenses deductible from emoluments being assessed - Claim disallowed - Failure of proof that taxpayer obliged "to incur and defray" minor expenses out of his emoluments - Income Tax Act, 1967, 2nd