"NOT TO EXCEED."

Auckland Star, Volume LXVIII, Issue 302, 21 December 1937, Page 8

"NOT TO EXCEED."

AMBIGUOUS DOCUMENT.

COURT'S INTERESTING RULING

In cases where there is an ambiguity, written documents are to be construed a» a i 111 the person who chooser the language in which they are framed. This was ruled by Mr. Justice Fair in a reserved judgment delivered in the Supreme Court to-day concerning a document dealing with the purchase of a chemist's business at Queen's Arcade. Auckland.

On June 21 last a document described as an agreement for sale and purchase wae drawn up. The document read: "I hereby agree to sell to Miss L Wood my chemist's business at Queen's Arcade, Auckland, on the following terms:—Stock, shop fittings. plan?. etc ->. at valuation, not to exceed £400. (Initials 1.W.) Xo goodwill (Signed, George D. B. Allen)." It was agreed to unreservedlv accept the valuation of an Auckland firm.

The valuation was made in .Tulv and amounted to £559 8/10. Mis* Wood the buyer, then tendered Allen, the seller, £400, she having previously paid » deposit of £50. The £400 was* to be m final settlement, but Allen refused to accept it, contending that as the valuation exceeded £450, the contract was ° D him - Miss Wo <>d contended she was entitled to complete the pui chase by paying the amount of £450 authorities, his Honor said the defendant (Mfes Wood), having chosen and used the words that were ambiguous the construction adverse to IT ih T adopted - U P°n that view as the valuation excee<led £450 the condition upon which Allen agreed to sell was not fulfilled, and the contract became inoperative as soon as the ralua tion was made. vaiua-

? U > f rt ' Wared for the plain tiff, and Mr. Fmlay for the defendant.