POWER OF ATTORNEY.

Auckland Star, Volume LIII, Issue 174, 25 July 1922, Page 3

POWER OF ATTORNEY.

1 ■ A DISPUTED AGREEMENT. (By Telegraph.—Press Association.) WELLINGTON, Monday. The Court of Appeal commenced this afternoon the hearing of argi.inent in the case Sheath v. Brown and others. Brown and three others were co-partners in a lease of 29G0 acres of native land. The lease was in Brown's name. Brown, being about- to proceed overseas with the .New Zealand Expeditionary Forces, gave to one Twigden a power of attorney. Acting allegedly under the authority of 'this power of attorney Twigden agreed to sell the appellant all the millable timber growing on the land in the above lease. Brown returned to New Zealand in danuary, 1920, and in May, 1920, he and his co-partners Dwyer, _-rewin, and Ryan, brought action to have the agreement with the appellant Sheath declared void and of no effect. The main grounds of the application were: —(1) That the lease did not confer on Brown any right to sell timber; (2) that the power of attorney did not confer on Twigden any power to deal with the lands included in the lease or to make a contract with the appellant Sheath. Mr. Justice Hosking, who heard the case in the Supreme Court, annulled the agreement as regards Brown, Ryan and Brewin. He held that Dwyer was estopped by his acts from repudiating the agreement. I Sheath, appealed from this judgment so far as it affected Brown, Ryan and Brewin.

Before the Court of Appeal this afternoon, Mr. Myers and Mr. Cahill appeared for the appellant and Mr. Skerrett, X..C, and with him Mr. Hampson, for the respondents. Mr. Myers, for the appellant, said he would contend that the agreement for the sale of timber was binding as regards all the co-partners. The hearing was adjourned.