Keller v. Crowe [1999] IEHC 25 (6th August, 1999)

Keller v. Crowe [1999] IEHC 25 (6th August, 1999)

A binding contract for sale was concluded on 21st November 1997, evidenced by written memoranda and deposit payment, and the agent had authority to bind the defendant; thus, the contract is specifically enforceable.

Citation
[1999] IEHC 25
Parties
Plaintiff: Mark Keller; Defendant: Michael Crowe
Jurisdiction
Ireland
Procedural Posture
Civil / Final Judgment
Outcome
Decree of specific performance granted
Legal Topics
Specific Performance, Statute of Frauds, Sale of Land
Contract Law Property Law Specific Performance Statute of Frauds Sale of Land

Case Brief

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Parties

Mark Keller

Plaintiff

Michael Crowe

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether a binding contract for sale existed between the parties
  2. 2 Whether the agreement was enforceable under the Statute of Frauds (Ireland) 1695
  3. 3 Authority of agent to bind the principal

Ratio Decidendi

A binding contract for sale was concluded on 21st November 1997, evidenced by written memoranda and deposit payment, and the agent had authority to bind the defendant; thus, the contract is specifically enforceable.

Court Disposition

Decree of specific performance granted

Orders

  • Defendant compelled to effect sale of the premises to the plaintiff for £550,000