REFUND OF DEPOSIT.

Auckland Star, Volume XLIII, Issue 302, 18 December 1912, Page 5

REFUND OF DEPOSIT.

• I , The case of Thornton v. Mitchell, claim *J to recover £30 paid as deposit in con--3 neetion with the sale of a section at : Remjiera, occupied Mr. C. C. Kettle, S.H.. ? i at the Magistrate's Court until after six 1 I o'clock yesterday afternoon. Hearing " J was resumed at 10 o'clock this morning, - and continued until noon. t Mr. W. J. Napier, who appeared for the defendant, argued that the plaintiff had mistaken his remedy, and if it meant [an action to rescind a contract his Wof- ] ship had no jurisdiction. ° i Mr. Kettle said apparently bofcli par- ' ties were mistaken about the area of the >" land. It was evident that Mr. Mitchell c came out of the case without any blem--3 ish whatever, and if hie action had been ° carried out, the case would not have l » come before the Court. n ( Mr. Newton, for plaintiff, contended j that there was no evidence that Thorno ton ever knew he was baying less than sr an acre. He submitted they were ent- titled to disaffirm the contract, and reg J cover the deposit. l[ Mr. Kettle reagrrgd hfa **mtm.