A DISPUTE over a contract for the €11.2 million sale of lands in Co Tipperary has come before the Commercial Court.
Mr Justice Peter Kelly yesterday admitted the dispute between Nenagh Construction Company Ltd (NCCL) and husband and wife Albert and Florence Purcell, of Kilodieran House, Puckane, Nenagh, to the list of the Commercial Court.
The action is over the status of a contract for the sale by the Purcells to the company of 64 acres of lands owned by the couple at Tyone, Nenagh. The Purcells say NCCL must complete the contract while NCCL claims the contract was discharged by mutual agreement in late 2007.
NCCL claims the contract was agreed with the Purcells in February 2005 and that the closing date for the sale was to be 28 days after the granting of planning permission. In October 2007, NCCL secured planning permission to demolish an existing house on the lands and build 61 detached houses there.
NCCL says the development for which permission was granted was not as extensive as it had originally envisaged but it was prepared to proceed.
However, on November 22nd, 2007, Mr Purcell had advised he was rescinding the sale, it is claimed.
NCCL says it accepted the rescinding of the contract but, despite this, the Purcells had later decided not to treat the contract as at an end. Last May, solicitors acting for the Purcells had served a notice on NCCL requiring it to complete the contract.
