The Irish Reports; Containing Reports of Cases Argued and Determined in the Court of Appeal, the High Court of Justice, the Court of Bankruptcy, in Ireland, and the Irish Land Commission Volume . 1

The Irish Reports; Containing Reports of Cases Argued and Determined in the Court of Appeal, the High Court of Justice, the Court of Bankruptcy, in Ireland, and the Irish Land Commission Volume . 1

By (author) 

List price: US$29.13

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...that the most important issue is involved; for as there is no direct covenant by the owner in fee with (say) Arabella Greer, nor any by any of the other underlessees with her, against building any particular class of house, her assignees cannot rest their claim on direct covenant. It must be found, if at all, in facts from which the inference of an implied obligation equivalent in equity by reason of notice to a covenant such as is to be found in the "building scheme " cases, arises; and while the existence of the very stringent and exact covenants in the lease of 1854 is of course a circumstance of enormous strength in leading to that inference, the express notice given that they may be waived without the necessity of any consent by the under-lessees cannot be left out of sight. But I have already pointed out that whether expressed or not, the legal power must always exist; and in Knight v. Simmonck (1) the form of the plaintiff's covenant was not to carry on trade, &o., without the vendor's consent in writing, and this circumstance was held not to affect the case. Here there can be no doubt that when Waterson obtained his M. K. lease he took it for the purpose of building, by himself or his 1900. under-tenants, high-class dwellings of a defined minimum value Jraham upon the land; and there is no other inference to be drawn in Craig, the case of the under-lessees themselves, who counted not alone on having each his or her plot to build on as it stood, but also on the retention by the entire 18 acres of the character stamped upon it by the head lease. If the lessee of Edenvale had not known that Waterson's take was of a strictly defined character, and that Waterson was bound by covenant to preserve that character, Edenvale House...show more

Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236591917
  • 9781236591913