CLAIM FOR DAMAGES.

Auckland Star, Volume LI, Issue 292, 7 December 1920, Page 7

CLAIM FOR DAMAGES.

SEQUEL TO PROPERTY SALE,

A claim founded on an alleged breach of a lease containing a purchasing ciau?e wa* brought before Mr. Justice Cooper and a jury at the S'-"pren)e Court to-day by Ernest Edwards, fruiterer, Auckland (Mr. Hall Skehon), against Joseph Wrlkins. Mount Afbert. (Mr. A. E Sk-eltonl. The claim was for £300, alleged to be the difference between the price of £900 for the property fixed in the option to purchase and the present value of the property, and ateo for special damages. Outlining the plaintiff's case. Mr. Hall Slcelton said that his client, during the currency of the ease in question, had oc<-a?ion to take his family to 'New 8011 th Wales for the seke of a child's I health. Meanwhile he sub-let the premises. On hi« return he found his eubtpnant cone. and that the. defendant had sold the premises to a new occupant. By j an alleged subterfuge the plaintiffs copy of the lease had been secured and had pessed out of his lawyer's possession. The deed was returned after legal steps had been taken. On the back oi the document were now the words: "We a?ree that this lease be surrendered," and there were also these words, whicn counsel alleged appeared to have been added later, "owing to the default of the lessee and sub-tenant." The defence was that the nremor- j andnm in writing in the lease dirt not e.-tablish an option, and in any case, the plaintiff had to give three months notice in writing oi his intention to ■pUTvha&eThe case is proceeding.