APPEAL DISMISSED.

Press, Volume LXVII, Issue 20215, 18 April 1931, Page 11

APPEAL DISMISSED.

■■ .-T- W~ ;... DISPUTE OVER PURCHASE OF FARM. (PKJSSB ASSOCIATION TBUSaBAIt.j WELLINGTON, April 17. The judgment of the Court of Appeal in the case, Boyle and another, of diriatchurch, v. Lovelock, heard by it on March 26th,, was delivered this afternoon. Mr Justice Reed; in delivering the judgment of the Court, held that -the appellants could nob 'successfully, contend they were not bound to execute the deeds of covenant, in question. Furthermore, the fact that the consent pf the Public Trustee had not been early obtained did not matter, as ap-, pellants, having repudiated the con-' tract before any- extended date for completion had been filed, consent at the trial waß sufficient, . The appeal was accordingly ■ dismissed with costs on the highest scale as from a distance. On December 21st> 1929, respondent agreed to sell to appellants, who agreed to purchase, respondent's farm known as Waver ley Islands, situated in the - Waikato district, at the price of £9 per acre, the purchasers to take over > the existing first and second rnortgages and to pay 'the balance in cash on February ,Ist. 1930. The sale wps made subject tip the consent of the .Public Trustee being obtained. Both ' the said , mortgages contained covenants binding the mortgagor to ob- ' tain from the purchaser or the new owner a ddbd of covenant in the form .described therein. The contract was en open one, and no time was fixed | for completion, ' but it provided that i possession should be given on February , Ist, 1980. On January 30th, purchasers' solicitors notified the vendor's solicitors that appellants would not - execute the deeds of covenant. Correspondence then passed between the parties, and on- February 7th the purchasers' ■ solicitors telegraphed'giving 'notice that the contract was cancelled. Respondent thereupon .issued a writ for specific performance, which was heard at Homiltotf on August >l3th last, before Mr Justice Herdman. Reasons for refusing, to complete: (15 That the consent of the Public Trustee had not been obtained; (2) that I under the contract they ©ould not be [.required to take over mortgages conI taurine deed of covenant clauses. The I Court held tbqt defendants were n° fc | entitled to be released* frbm their bar i gain, and irave judgment for T _ e " spondent, 1 The appeal was brought from this decision.