SUPREME COURT.

Press, Volume LII, Issue 15753, 21 November 1916, Page 3

SUPREME COURT.

CIV ill SITTINGS. (Before his Honour Mr Justice Sim.} A TRUSTEESHIP CASE. In "tho case Jano Tutton and others Mr Raymond, K.C., and Mr Gresson) Jamc« McCallum (Mr McCallum), the jiaintiffs prayed X or . discharge or •he defendant from his position of trns:co in tho estate in which ccrtain of tho Plaintiffs were interested. Mr Raymond said that -with the sanc:ion of tho Court it was proposed, witn the consent of all parties, that tho defendant should ho relieved from tho :rasteeship of tho estate. Counsel for tho defendant said thai' bis client was prepared to assent araicVblv to the propositions put forward by the plaintiffs. _ : His Honour gave judgment for tho plaintiffs »by consent. LAND AGENTS' CfcAIM. Hedley V. Uren, G. F. Tore, and Frederick li. Eastgato (Mr Dougall) claimed from "NY. S. Maslin (Mr Raymond and Mr Johnston) the sum of £200, together with interest at 6 per cent, and certain specified costs, in consideration of plaintiffs cancelling their right to act as sole agents for defendants for the purpose of selling a farm at Lincoln, tho property of defendant.The caso arose out of a written appointment as agents, and its subsequent revocation. Tho defendant wrote to tho plaintiffs appointing them solo agents, but later cancelled the appointment, and offered to pay_ £200 as consideration for tho revocation. The defendant admitted the appointment and the offer to pav £200. bat set ui> threo defences: —(I) That the authority as sole agent was given without consideration : (2) that tlie offer to pay £200 was also made without consideration; and (3) that the defendant was induced by misrepresentation of plaintiffs -to g'ivo the letter of Anril Btli. After hearing evidence and the arguments of counsel, his Honour reserved his decision. RENT AND D-A3IAGES. Tho trustees of tho will of tho late Eliza White (Mr Loughnan) claimed from William Colli© (Mr Hoban) tho sum of £100 2s. for arrears of. rent. £100 damages for defendant's breach of his corenant to repair, the costs of tho action, and such further relief as tho Court should deem meet. F. Menzies (Mr Harman) and J. K. Christianson (Mr Johnson) were joined as third and fourth parties in tho caso. Mr Hoban said he did not dispute the fact that tho plaintiffs were entitled to judenuent. His Honour gave judgment for plaintiffs for £100 2s for rent, and £95 for breach of covenant to repair, with costs on the lowest scale. Mr Hoban asked if he could not obtain judgment against tho third party. His j-iononr said _ that that would have to be tho subject of a separate action.