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Kennedy v McMaster and Monard

Irish Jurist Reports (Digests) Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1935
Date01 January 1935
CourtKing's Bench Division (Northern Ireland)
[K. B. D. (Best, L.J.), N.I.],
Kennedy
and
M'Master and Monard

Abortive sale - Auction fees paid by purchaser - Recovery from Vendor.

Certain premises having been put up for sale by public auction, the purchaser paid to the auctioneer the auction fees provided for by the conditions of sale. The purchase subsequently fell through, and the vendor returned to the purchaser the amount of a deposit which had been paid by him, but refused to make a refund in respect of the auction fees. Held, that the purchaser was entitled to recover from the vendor, but not from the auctioneer, the amount of the auction fees paid by him to the auctioneer, as money...

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