A SEASIDE DWELLING.

Auckland Star, Volume LIII, Issue 248, 19 October 1922, Page 9

A SEASIDE DWELLING.

DEPUTE OVER «AIjE.

Judgment was delivered yesterday ».V Mr. Justice Herdman in a civ'i/ action heard o n Monday, in which Mrs. F. Martin, of Palmerston North, proceeded against George James Finch, farmer, of Korthcote, for rescission ol »n agreement to purchase a dwellingHouse at Xurthoote. An order for the retention of the deposit and "on account" money paid was also sought. together with damages. In the course of a lengthy j.idsroent, his Honor said ™at_ ho thought it plain that the Parties meant that the deposit was to bo given as a jruarantee for the due perlormancp by the purchaser of his part °J the contract, and there «aa no provision for adding or subtracting from "'at ineaninp. c In respect of plaintiff's claim for aamage? for ~-c and occupation of the "se, this was a case of restitution in 'ntesnim. IW ,,| plaintiff was entitled to c restored to hrr former position. The oetendant uvnt into possession of the Property „],„ rtly ~f ter the makinf , I the contract, and he or his tenants ha<i Wn in occupation * e f since. The plaintiff was of A tO i"' l - mi: ' nt f"r rescission th e contract and retention of the dcP°Bit money, !,,,t would have to srive %I, for thp -nm of £130 paid bv'the °«endant n;i a .■fount of purcliaso , »°ney, to ? clli Pr witl- interent. Plaintiff as also criTiiip.J to damages to the "°«se. stamp duty and rest-. At the "J*""* Mr. R. Mi-Veoeh representea P la '"ti(T, and E. \\. Inder appeared for defendant.