A SALE AND A FIRE.

Auckland Star, Volume XLII, Issue 122, 24 May 1911, Page 5

A SALE AND A FIRE.

(By Telegraph.—Own Correspondent.) HAMILTON, this day. At the Supreme Court to-day William Pae Warbrick (Mr. Reed) Bued William Henry Bird (Mr. Hampton), Alexander Miller, and Andrew Brown (Mr. Ziman) for the return of £130, amount paid on a contract. Bird was a boardinghousekeeper at Murupara, near Rotorua, and Miller and Brown were assignees of his estate. On August 18 plaintiff, agreed to purchase for £400 the accommodation house and 80 acres of land, a stoTe, and post office, the three buildings being separate. On September 12th plaintiff paid a further sum of £100,' making the total £160. On September 16, before the completion of the sale, the premises were destroyed by fire, and the deed contained provision that in the event of the premises being destroyed before completion of purchase the deposit would be returned. The sale was declared off. Plaintiff endeavoured to obtain possession on September 13, but Bird 'refused to go out till the 19th, and meantime the place was burned down.

Defendants contended that possession dated from October 12, and that only a portion of the premises had been destroyed by fire.

His Honor said he was convinced that Miller and Brown were trustees, that they could not hand over what bad been sold, and the contract expressly provided- for cancellation in the -event of the destruction of the property. Judgment was given for plaintiff, •with costs according to scale, his Honor adding that he- had never tried a case with so nnmeritorious a defence. The Court adjourned until 10 o'clock to-morrowj