Arnosford Ltd -v- John Harmon [2009] IEHC 613 (21 July 2009)

Arnosford Ltd -v- John Harmon [2009] IEHC 613 (21 July 2009)

The defendant was not released from his obligations under the four contracts by the closing of the sale of No. 9 or by the discussions and letter of 30 July 2007. The arrangement was conditional on the achievement of fourteen independent sales by January 2008, which did not occur. The plaintiff is entitled to specific performance of the four contracts.

Citation
[2009] IEHC 613
Parties
Plaintiff: Arnosford Limited; Defendant: John Harmon
Jurisdiction
Ireland
Judgment Date
21 July 2009
Procedural Posture
Action for Specific Performance of Contract for Sale of Land / High Court Judgment
Outcome
Judgment for the plaintiff. Specific performance granted.
Legal Topics
Specific Performance, Sale of Land, Contractual Interpretation, Collateral Contract, Extension of Closing Date
Contract Law Property Law Specific Performance Sale of Land Contractual Interpretation Collateral Contract Extension of Closing Date

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Parties

Arnosford Limited

Plaintiff

John Harmon

Defendant

Procedural Posture

Action for Specific Performance of Contract for Sale of Land / High Court Judgment

Legal Issues

  1. 1 Whether the defendant was released from his obligations under four contracts for sale by virtue of an alleged agreement on 27 July 2007 and/or the closing of sale of property No. 9
  2. 2 Whether the letter of 30 July 2007 constituted a binding release or merely a letter of comfort
  3. 3 Whether the plaintiff was entitled to specific performance of the four contracts

Ratio Decidendi

The defendant was not released from his obligations under the four contracts by the closing of the sale of No. 9 or by the discussions and letter of 30 July 2007. The arrangement was conditional on the achievement of fourteen independent sales by January 2008, which did not occur. The plaintiff is entitled to specific performance of the four contracts.

Court Disposition

Judgment for the plaintiff. Specific performance granted.

Orders

  • The defendant is ordered to specifically perform the four contracts for sale of properties Nos. 11, 12, 13, and 15 at Kilkea Lodges, Kilkea Castle, County Kildare.