Rooney McFarland Ltd v Carlin

JurisdictionNorthern Ireland
Judgment Date01 January 1981
Date01 January 1981
CourtCourt of Appeal (Northern Ireland)
(C.A.)
Rooney & McFarland Ltd
and
Carlin

Rectification - Whether agreement to sell "all the lands and premises"owned by the defendant and contained in Folio No. 24184 - Defendant's land contained in several folios - Whether antecedent common intention for sale of all the defendant's lands.

In an earlier action the defendant sued the plaintiff claiming an injunction and damages for the nuisance which their quarrying operations allegedly caused to his house and land. The action was settled and the terms reduced to writing by counsel and signed by them and the parties included the following "the [plaintiff] shall purchase from the [defendant] all the lands and premises owned by the [defendant] and contained in Folio No. 24184 County Armagh, for the sum of 17,000 . . ." It was the plaintiff's intention to buy all the lands owned by the defendant in the vicinity of the quarry and counsel for both parties mistakenly believed that Folio No. 24184 contained all the relevant land. While that Folio contained the defendant's house and garden, the defendant also owned an adjoining field which was contained in two other Folios. In an action for rectification of the settlement the trial judge Held there was a common intention between the parties to sell all the defendant's land and rectified...

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11 cases
  • Irish Life Assurance Company Ltd v Dublin Land Securities Ltd
    • Ireland
    • High Court
    • 2 May 1986
    ... 1946 IR 376, 81 ILTR 9 RIVERLATE PROPERTIES LTD V PAUL 1975 1CH 133, 1974 3 WLR 564, 1974 2 AER 68 ROONEY & MCPARLAND LTD V CARLIN 1981 NI 138 SHIPLEY UDC V BRADFORD CORPORATION 1936 CH 375 SNELL EQUITY 28ED P614 THOMAS BATES & SON LTD V WYNDHAM'S LINGERIE LTD 1981 1 AER 1077 Synopsis:......
  • Irish Life Assurance Company Ltd v Dublin Land Securities Ltd
    • Ireland
    • Supreme Court
    • 26 July 1989
    ...that provision has been outwardly expressed or communicated. Joscelyne v. NissenELR [1970] 2 Q.B. 86 and Rooney & McParland v. CarlinDNI [1981] N.I. 138 followed: dicta of Denning L.J. in Rose v. PimELR [1953] 2 Q.B. 450 (approved in Lucey v. Laurel Construction Company Ltd. (Unreported, Hi......
  • The Tara Mines Pension Plan Boliden Tara Mines Ltd (plaintiff/appellant) v Cosgrove and Others
    • Ireland
    • Supreme Court
    • 21 December 2010
    ...case, Griffin J. speaking for the Supreme Court adopted the principles outlined by Lord Lowry LCJ in Rooney and McParland Ltd. v. Carlin [1981] NI 138. At 146, the former Lord Chief Justice of Northern Ireland said: 33 (i) There must be a concluded agreement antecedent to the instrument whi......
  • Leopardstown Club Ltd v Templeville Developments Ltd
    • Ireland
    • High Court
    • 29 January 2010
    ...v Nolan (1958) 92 ILTR 94 considered - Shipley Urban District Council v Bradford Corporation [1936] Ch 375, Rooney & McParland v Carlin [1981] NI 138, Crane v Hegeman-Harris Co Inc [1939] 1 All ER 662, Joscelyne v Nissen [1970] 2 QB 86, Re Butlins Settlement Trusts [1976] Ch 25, AMP (UK) pl......
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