THE COURTS.

Press, Volume LXI, Issue 18457, 11 August 1925, Page 4

THE COURTS.

I » I SUPREME COURT. (Before his Honoar MV Justice Sim.) CONTRACT VOIDED. In the o«h> Edith Isabel Sleeman (Mr F. Wilding, K.C., and Mr A. T. Donnelly) v. Jaae Guthrie (Messrs C. S. Thomas »nd A. W. Holmes), an acfcioa for ihe specific performance of a contract alleged to have •boen made for the sale by the defendant to the plaintiff of a private Ijotel in the city, hie Honour gave judgment lor the defendant, with costs according to scale aa on. a claim for £BOO, and diaLuraemente and witnesses' expenses to be iixed by the Registrar. In his judgment his Honour «aid that thfcro waa a concluded contract between the parties. If tho evidence of the defendant as to what took place between herself and Mr Sleecnan on Jon ary 29th whs accepted as true, it was sufficient to establish a repudiation of the contract hy Sleeman and an acceptance fcy the defendant of that repudiation aa a resoEsion of the contract. Other evidence went to corroborate the defendant's evidence, and to make it i.rol-able that Sleeman did repudiate the contract because of the defendant's attitude in connexion with the insurance. Defendant's story waa more probably true than the one told by Sl-eman, and hia Honour had accepted it. The repudiation 'by one party of a contract tobe performed on a future day might be accepted bv the other party 58 » rescission of the contract, and the party m default was not entitled to an opportunity of changing his mind.

ALLEGED FALSE REPRESENTATION. Written judgment was delivered by Mr Justice Sim in the ca»o of Fdivaid James Fulton and Henry Andrew Fiaton v. Walter George Keay, an action to have a contract for the purchase of land in Marlixnough rescinded, on tho ground that false representation had been made by the d. fondant. His Honour said thit the plaintiff* had agreed about March, 19-3, to purch-se from the defendant a pieco cf land at Flat Creek, Marlborough, and alleged that they were induced to enter into the contract by false representations and they sought to have the coMract rescinded. The plaintiffs relied on the following repreaenta'-ions: — W That the Flat Creek property was a real good dairy and sheep faum; lb) that tne place would run about 40 cows and £OO sheep all the year round; and (c) that a* the time erf the aale there were stock ana chattels to the value of £IOOO. His Honour said it was clear from the evidence tlnttt when the sale was made the place was not capable of carrying anything like rJie number of milking cows and sheep stated. The result was that the plaintiffs' first winter on the property was unfortunate, but they did not realise then that they had been misled. They carried on over the next winter, and in August, 1324, gave notice rescinding the contract. It was. clear that in December, 192(1, the defendant would not have any more right to transfer the lease under his terms of occupation. tibat he did, have in 19 0 3. In the circumstances, it was doubtful if the defendant could be ©aid to have any right which he i-ould sell He thought that a misrepresentation had been made to the plaintiffs regarding' the defendant's title and his right to sell, and that they would not have entered into the contract if the true norition had been explained to them. That position was not cleared up until tho argument at tho hearing, end' the plaintiffs were entitled to rely on it now as an additional ground for rescinding tho contract. The result was that the plaintiffs were entitled to succeed in their claim. The three separate formal contract* constituted one transaction, and the plaintiffs were entitled, to have them all rescinded. Tho exact terms on which the rescission was to take place would have to he settled! hereafter, and to enable that to be done the further hearing of the action was adjourned into chambers. Tho plaintiffs wen allowed the costs of the action aceordinf to scale as on a claim for £2OOO, with wit nesses' expenses to he fixed by the Begis trar, and an allowance of £3O 10s ?5r the second! day of the trial.

MAGISTERIAL. MONDAY. (Before Messrs C. S. Bingham and J. Wallace, J.P.'s.)' BiRTJNKENNESS.

Five men, who were charged with drunkenness for the first time, and who had each been bailed out of the lock-un in the sum of 20a, were each fined 1 that amount. Two other first offenders, who had spent a night in the look-up, wero each convicted and fined 10b. For the second! time', Alfred Brewer, a carter, aged 53 years, admitted havirnr been found! drunk. He was convicted and fined 20s. REMANDED. A remand till to-day was granted in the ease in which William Isaac Harrison, labourer, 62 years of age, residing in "West Melton, was charged; with being - idle and disorderly. • (Before Mr Wyve.rn Wilson, S.M.) MAINTENANCE. Charged with .having' failed to provide future maintenance for an unborn illegitimate child, of whom he was alleged to be tho father, Lionel Voico, a" young man of Upper Kiccarton, was remanded to appear on Monday nest at Kakaia. Bail wes allowed. Affiliation and maintenance orders were made against Harold Sadd; a young man, of Wellington,' who was charged with being the father of an illegitimate child. Sadd, who was represented by Mr J. B. Batchelor, denied the chargo, but after hearing the evidence his Worship made the orders and fixed maintenance at 15s a week, and ordered him to pay past maintenance, at 5e a week. Mr T. W. liowe appeared for the child's mother. Sadd was arrested in Wellington recently on a warrant which was issued in 191!),