Cotter v. Brewster [1997] IEHC 187 (18th December, 1997)

Cotter v. Brewster [1997] IEHC 187 (18th December, 1997)

The plaintiff did not breach the terms of the sale agreement; the horse was not lame at the time of sale, and there was no evidence of vices. The defendant is not entitled to rescind the contract or claim damages.

Source-derived case information.

Citation
[1997] IEHC 187
Parties
Seller: Plaintiff (Mr Cotter); Buyer: Defendant (Mrs Brewster)
Jurisdiction
Ireland
Procedural Posture
Civil / Appeal
Outcome
Defendant's appeal dismissed; Circuit Court order affirmed.
Legal Topics
Sale of Goods, Misrepresentation, Breach of Contract, Rescission
Contract Law Sale of Goods Misrepresentation Breach of Contract Rescission

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Parties

Plaintiff (Mr Cotter)

Seller

Defendant (Mrs Brewster)

Buyer

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether the plaintiff breached terms of the sale agreement regarding lameness and vices of the horse
  2. 2 Whether the defendant is entitled to rescind the contract and claim damages

Ratio Decidendi

The plaintiff did not breach the terms of the sale agreement; the horse was not lame at the time of sale, and there was no evidence of vices. The defendant is not entitled to rescind the contract or claim damages.

Court Disposition

Defendant's appeal dismissed; Circuit Court order affirmed.

Orders

  • Defendant to pay balance of £7,000 sterling to Plaintiff.