Lowry v Reid

JurisdictionNorthern Ireland
Judgment Date01 January 1927
Date01 January 1927
CourtCourt of Appeal (Northern Ireland)
C. A., N. I.,
Lowry
and
Reid

Parol contract relating to land - Part performance by party seeking to enforce contract.

A mother undertook verbally to make a will leaving to her son W. L. her two farms of land in D. and thereby induced W. L., the plaintiff, to convey his farm in B. to his brother A. L., and to pay A. L. the sum of £200. She afterwards made a will which gave effect to this verbal undertaking, but subsequently revoked it, leaving W. L. merely a life interest in the two farms:—Held, by the Court of Appeal (Moore, L.C.J., Andrews and Best, L.JJ.), reversing Wilson, J., that W. L., having given up his own property to his detriment on the faith of his mother's representations, was entitled to a decree for specific performance to carry these representations into execution, and that acts of part performance by W. L.were...

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8 cases
  • Maynard Hamilton and Kevin Francis Judge, Gary Judge, Damien Judge and Seamus Judge
    • United Kingdom
    • Chancery Division (Northern Ireland)
    • 12 Marzo 2009
    ...to this issue. I am bound by, and respectfully agree with, the decision of the Court of Appeal in Northern Ireland in Lowry v Reid (1927) NI 142. The court there emphatically rejected the contention of counsel for the respondents that the court should establish the acts of part performance ......
  • Mackie v Wilde (No. 2)
    • Ireland
    • Supreme Court
    • 1 Enero 1998
    ...(No. 2) Leslie Mackie Plaintiff and David Wilde and Hellmut Longin, Defendants (No. 2) Cases mentioned in this report:- Lowry v. Reid [1927] N.I. 142. Maddison v. Alderson (1883) 8 App. Cas. 467. Steadman v. Steadman[1976] A.C. 536; [1974] 3 W.L.R. 56; [1974] 2 All E.R. 977. Contract - Oral......
  • Anne Mullholland v Maureen Kane & John Kane (As personal representatives of the estate of Seamus Kane Deceased)
    • United Kingdom
    • Chancery Division (Northern Ireland)
    • 8 Septiembre 2009
    ...suffered. It is accepted that the representation is not confined to existing facts but extends to future conduct. See Lowry v Reid 1927 N.I. 142, C.A.” [17] Lord Walker of Gestingthorpe in a judgment of great assistance and erudition points out that in his clarification of the law Oliver J ......
  • Bubble Inns Limited v Beannchor Limited
    • United Kingdom
    • Chancery Division (Northern Ireland)
    • 12 Marzo 2007
    ...In support of his contention that the plaintiff’s case was hopelessly weak Mr Humphreys relied on a dictum of Andrews LJ in Lowry v Reid [1927] NI 142, at 154, with regard to the doctrine of part performance relied on by the plaintiff. I quote: “Its underlying principle is, that the Court w......
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