RETURN OF DEPOSIT.
ASHBURTON FARMER SUCCEEDS. (Special to the “ Guardiau.”) CHRISTCHURCH, November 1. The plaintiff had not fixed a time limit, and it was not open for him to rescind the contract, said Mr F. F. Reid, SIM., in a reserved decision, in giving judgment >for the defendant, Colin Stanley Bennett, a farmer of Ashburton, against John, Cecil Sheddan, a pastrycook. Sheddan claimed the (return.of a deposit of £IQO, and £ls general damages from Bennett. The statement of claim said that the deposit had been paid upon the acceptance in September, of Sheddan’s offer to buy from Bennett the equipment in “Gibson’s” cake kitchen, in Armagh Street.
The offer had been made provisional upon Bennett obtaining the landlord’s acceptance of Sheddan as a tenant, and eleven days later, Sheddan said that he was going to repudiate unless the acceptance was obtained. Next day he did repudiate and claimed the £lls. The evidence of one of the landlords made it clear that they were willing at all times to accept Sheddan as a tenant, but not until certain arrears in rent had been paid, said the Magistrate. When Sheddan repudiated the agreement, there had been no failure by Bennett to obtain the acceptance.
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Bibliographic details
Ashburton Guardian, Volume 61, Issue 19, 2 November 1940, Page 2
Word Count
202RETURN OF DEPOSIT. Ashburton Guardian, Volume 61, Issue 19, 2 November 1940, Page 2
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