PURCHASE OF A FARM.

Auckland Star, Volume LIII, Issue 83, 10 April 1922, Page 6

PURCHASE OF A FARM.

SPECIFIC PERFORMANCE CLAIMED Mr. Justice Herdman was occupied at the Supreme Court this morning in hearing an action in which specific performance concerning an agreement for the purchase of a farm at Coromandel, of 1200 acres, known as "Matariki," was claimed. The plaintiffs were Thomas Edward Tasker, hotelkeeper, of Thames, and Evelyn Rosina McConnell, widow, also of Thames (Mr. Holmden), and the defendant Leonard John Dodd, farmer, of Thames (Mr. Richmond). In the statement of claim the plaintiffs stated that by an agreement dated October 5, 1921, and signed by defendant, the defendant contracted to buy from the plaintiffs the farm of 1200 acres. Plaintiffs had applied to defendant specifically to perform the agreement on his part, but he had not done so. Plaintiffs had been and were still ready and willing specifically to perform the agreement on their part, of which the defendant had notice. It was alleged by the plaintiffs that they had suffered damage by reason of the defendant's default in performing the agreement, and accordingly they claimed, (1) That the defendant be ordered to specifically perform the agreement and to do all the acts necessary to accept the transfer of the properties and to accept possession. (2) £400 damages and the costs of the action. Alternatively the sum of £1000 damages was claimed. The statement of defence contains three separate defences, (1) That plaintiffs did not complete in time, (2) that they had no title, and (3) that the agreement as signed did not contain the terms of agreement. The evidence of one witness occupied the whole of this morning and the hearing of the case is expected to occupy to-day and to-morrow.