APPEAL COURT.

Press, Volume LXI, Issue 11871, 19 April 1904, Page 9

APPEAL COURT.

• &**» association telegram.) -. £WELLIX"GTON. April 18. concluded iv tho MangarSWfl ewe this rooming. Mr Roes, rPvMgr for the appellant, submitted that **T* «*ap that a sale at so gross an *™*ra»» could not stand, and that no F*<*<»t however long established, could ■<«Sl 6 " 6 the substantive prin- ' *»!«? of law or th© rule of equity on so ™P°rt«nt a point. He submitted also that *■* evidence did not show such acquies- **** ?nthe part of the appellant as would j"** 6 , it inequitable tliat the parties should *«ptaoed in their former position. Th* ~j~* whed on tie amounting to acquies■4**i occurred when both parties con- , «»plated that the appellant might reiT™*"*- , The decision was reserved. ,ln the case Blackball Coal Company v t eariTee and others, the latter owned a >?!* MaCe w^Jcn was damaged by a block "*» *tone dislodged in the company's operaTb *- V ciaimed damages. The "Jir en <l«i<l«a1 against them, but Judge gave them £644, and against this Mβ company appeals. The case is being El y Ull fies Williams, Denniston, and