SUPREME COURT.

Press, Volume XLIX, Issue 8350, 8 December 1892, Page 6

SUPREME COURT.

SITTINGS AT NISI1?BIUS. War >n_sday. December 7. (Before his Honour Mr Justice Denniston.) The Civil Sittings of the Supreme Court re-opened at 10.30 a«m; KINL-Y V WAKELIX. This was an action for specific performance in which James Kinley, of St. Albans, cattle dealer, was plaintiff land Thomas Wakelin, of Lyttelton, 'farmer, defendant. The statement of claim alleged that in the month of May, 1892, the plaintiff employed the firm of Hamill and Johnson to sell the interest of plaintiff in section 2818, situate on. the Waimakariri River, comprising thirty-one acres of land. On the 3rd ot May the defendant made an offer in writing to purchase the land for £500 for the 31 acres on Sawyers' Arms road, with the lease of the river bed given in, and on the 4th of May the offer was accepted. On the sth of May the defendant declined to complete the purchase, and had not done so nor paid any part of the purchase money. The plaintiff alleged that he is ready and billing to execute the conveyance and transfer the interest in the reserve. The plaintiff therefore prayed—(l) That the defendant might be ordered to specifically perform the agreement entered into with the plaintiff for the purchase, and to accept a conveyance and purchase of the property on-payment to the plaintiff of the sum of £500 and costs of the action. The statement of defence alleged that if the defendant signed the offer or agreement to purchase he was induced to make such offer by the fraud and misrepresentation of the plaintiff or his agents. It. was also further alleged that in order to induce the defendant to purchase, the plaintiff or his agents represented to the defendant that the plaintiff held a lease of 500 acres of land adjoining the freehold at a rental of £12 per year, which be assigned to the defendant, the plaintiff and his agent Well knowing that he did not hold a lease of such land and therefore could not assign the same to the defendant. That, in order to induce the defendant to purchase the property, the plaintiff or his agents offered to sell the to the defendant on terms, and induced the defendant to sign the agreement when the defendant was under the influence of liquor on the representation that the defendant was buying the freehold and leasehold lands on terms. ~ Mr Salter appeared for the plaintiff, Mr Kippenberger, with him Mr H. N. Nalder, for the defendant. a . ...■;. After hearing evidence '■_•'' His Honour gave judgment for defendant, with costs as pec scale.