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Decree Against House Builders - Blarney Park

May 29, 1941

Mr. Justice Martin Maguire, in the High Court, yesterday awarded £80 to Richard Dowling, salesman, Blarney Park, Kimmage_, on a claim against James Robert Smyth and William James Kavanagh, builders, Merrion Square, Dublin, for damages for misrepresentation and breach of warranty—which was denied—in connection with the purchase of a house at Blarney Park.

Mr. Dowling alleged that it had been represented to him that a wall would be maintained h round the estate, and that where it met Sundrive Road gates would be _> erected through which persons entering or leaving could be checked. This could not do done, he claimed, and, consequently, the premises were worth less than tne amount paid for them. The Judge said he was satisfied that Mr. Dowling would not have purchased the house and would not have entered Into the agreement tf he had been told that the wall was to be thrown down and that the road was to be a public rond, , He declined to allow High Court costs but said that, having regard to the importance of the case, he would certify that It was a proper one in to allow costs on the basis of a decroe for over £100 m the Circuit Court.

Mr, Binchy, S.C., Mr. McGpnlgal, S.C., and Mr. Wood (instructed by Mr. Maurice E. Weale) appeared _^ for Mr. Dowling. and. Mr. Campbell, S.C., Mr. _Kinrsnflll Moore, S.C_., and Mr Sherry (instructed by Mr Desmond Moran) for Mr. Smyth &nd Mr. Kavanagh,