IN BANCO.

Press, Volume LVIII, Issue 11130, 23 November 1901, Page 5

IN BANCO.

CLAIM FOR SPECIFIC PERFORMANCE. The case' of Flynn v Cooper, for specific performance and enquiry, was argued before his Honour in Banco after the Chamber sitting.

Mr Izard appeared for the plaintiff, and Messrs Stringer and Meares for the defendant.

John Cooper had agreed to sell his hotel at Papanui to Bryan Flynn, free from encumbrances, and from any beer tie. Afterwards it was discovered that a beer tie to the Crown Brewery Co. existed by virtue of a mortgage which the Company had refused to allow to be redeemed, and the defendant had refused to take proceedings to compel such redemption. The defendant had offered to cancel the agreement for sale and purchase or to comipilete subject to tihe mortgage and agreement, and the defendant was ready, if he was not entitled to' specific performance of the' agreement for sa r .e, to compiet'e on this basis if the defendant would, on being indemnified by the plaintiff, allow his name to be used in proceeduigs for the purpose _of having tihe beer covenant declared to be of no force. The question for the decision of the Court was whether t2i<e plaintiff was • entitled to specific performance, otherwise tihan on the terms offered by the defendant.

After argument had besn (heard, his Honour said h-e was not prepared to go the length- of. saying that the plaintiff was entitled u> use, the name of the defendant for the purpose of. the act-ion against the Grown Brewery Company. The plaintiff, it seeinetl to .ham, 'had other remedies, and lie would give judgment for the defendant -without prejudice to any, remedy of his for d&un&ges. - - ■ .—