ACTION FAILS.
PLEA OF INFANCY SUCCESSFUL. (By Telegraph.—Press Association.) WELLINGTON, Monday. Judgment was given by Mr. Justice MacGregor in the Supreme Court to-day in the case in which C. H. Bennett, sheepfarmer, Marlborough, proceeded against J. C. Greensill, sheepfarmer, for specific performance of an agreement for the sale by defendant of his property at Ohingaroa. The case was commenced at Blenheim and finished at Wellington. The price in the agreement to sell was £18,000. Plaintiff also claimed £1000 damages for profits on the property and stock. The defence was that the contract was made with an infant and adult and that the infant could not bind himself to take land, both parties being under the mistake when the contract was made that an infant could hold land. The judge said he could not see.how one of the joint contractors could successfully sue the other party to the contract. He gave judgment for defendant with costs as on a claim for £1500 and £15 15/ a day for the second and third days of the trial.
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Auckland Star, Volume LVII, Issue 302, 21 December 1926, Page 21
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175ACTION FAILS. Auckland Star, Volume LVII, Issue 302, 21 December 1926, Page 21
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