SALE OF A HOUSE.

Auckland Star, Volume LIII, Issue 156, 4 July 1922, Page 2

SALE OF A HOUSE.

ALLEGED BREACH OF CONTRACT.

TTAIXTIFF XONSCITFD

Judgment was delivered by Mr. Justice Stringer in the Supreme Court this morning in an action brought by Charles Thompson Stevens (Mr. Inder) against Jessie Col will Braidwood (Mr. Ostler, instructed by Mr. A. Hanna).

Tlie plaintiff, a returned soldier, claimed damages from the defendant for failure to carry out an alleged agreement to sell a house. It appeared that, one Franklin, an agent, had purported to sell the house on Mrs. Braidwood's behalf to the plaintiff. The house, however, had been sold some months previously. The plaintiff thereupon brought an action against Franklin on a warranty of authority but failing to show that the authority had been withdrawn the case against Franklin was lost by the plaintiff in the present action, who then instituted these proceedings. Mr. Ostler, for the defendant, raised a nonsuit point at the close of the plaintiff's case, claiming that the contract as entered by the agent Franklin was outside the scope of his authority and that the plaintiff must fail.

His Honor upheld this view and nonsuited the plaintiff, with costs to the defendant.