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County Court - Farnham v Peel 1890

Birmingham Daily Post - 13th August 1890

Breach of Agreement
Before Mr Justice Lawrence

Mr A Young and Mr Disturnal (instructed by Messrs Milward and Co) appeared for the plaintiff, and Mr Hetherington Smith (instructed by Mr Williams, Lincoln) defended.

The plaintiff was William Edward John Basil Farnham, of Quorndon House, Loughborough; and the defendant Mr Thomas Peel, of Wragby, Leicestershire. On or about February 28 the defendant agreed to purchase the goodwill and fixtures of a butcher's shop on the plaintiff's estate at Quorn for 200. As he afterwards failed to complete the purchase the shop was sold by plaintiff for 90., and the difference between this and the amount for which the shop was sold to the plaintiff, namely, 110 was now sued for. The plaintiff's agent was called on Monday to speak to the sale of the shop to the defendant.

For the defence it was now contended that Peel was trying to make some arrangement to take the farm and butcher's shop, but could not get the points upon which he insisted conceded, one of them being that a late servant of the plaintiff, named Thorp, should not set up a rival shop in the village, and thereby cause the 200 to be virtually thrown away. It was also contended that no agreement ever existed, the only sort of contract being one which it was attempted to extract out of letters and interviews between February 28 and March 17. There was no memorandum signed by the parties.

Mr Young, for the plaintiff, contended that the defendant only withdrew from the agreement when he experienced some difficulty in getting rid of his farm at Wragby, whilst the Statute of Frauds did not require in such a case as this that the contract should be in writing, and even if it did, it had been complied with in the correspondence produced.

His Lordship reserved his judgment.

   
 Submitted on: 2011-01-09
 Submitted by: Kathryn Paterson
 Artefact ID: 1161
 Print: View artefact in printer-friendly page

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