IMPORTANT LEGAL DECISION.

Auckland Star, Volume XXXII, Issue 53, 4 March 1901, Page 4

IMPORTANT LEGAL DECISION.

(By Telegraph.—Own Correoponde!

WANGANUL Saturdajji

An important legal decision w»J given in the Supreme Court at Wfcji- >'. ganui yesterday, before Mr Jusw£j|| Ed-wards. The cas^ wa? W. A- wfr||| chard, a settler, of Ohingaiti, ver^S|p Joseph Maher and James Maher, tKe former an Auckland constable, W| 1 the latter a farmer. The action wa» brought by the plaintiff to obtaU* from the defendants specific per* formance of an agreement to sell ft farm at /Ohingaiti, of the value 'ftffe £2000. Mr Tread well appeared i<* the plaintiff, and Mr W. J. NapiWrA of Auckland, for the defendants. Tp plaintiff'.s solicitor, put in - as evidence an agree* inent signed by James Maher on behalf of Joseph Maher, which (WT^;. cribed the property^ and stated we price was £5 per acre, for the gQWJ ■will of the property, the same JMISS $ a Crown leasehold. Mr Napier mWJ/1 for a non-suit at the conclusioilffi^ the plaintiff's case on the gr^lffi''' that the written agreement was W|« for uncertainty.: Under the s**Wff of frauds, an English Act, in fore*" 1 New Zealand, he contended that tw? term "goodwill" applied to a tractte concern, and not to an Interest IJ 1 land, and also submitted that tn»^ agency of the brother who *M^J%! the agreement waa not proved, •n*- l T? l that no proof of breach of warranty*,'' as agent had been shown. MivW** 1" - well contended that the agreejßM!""^ was suiflbiont and quoted awthoritiefc Hia Honor upheld Mr Napier'n ,«°»si tcntion, and nonsuited the platow^M , with easts ou the middle BOSle* ._. >|