HOUSE SOLD TWICE

Press, Volume XCVI, Issue 28451, 4 December 1957, Page 16

HOUSE SOLD TWICE

Claim Against Vendor ♦ New Zealand Press <.wwtation i AUCKLAND, December 3 The Auckland Supreme Court was called on todav to decide which of two women who bough’ i the tame Hamilton bouse on the same day was the true purchaser. I Mr Justice Finlay, who is hearing the case alone, said jt w»«| J the most, extraordinary case be ’had ever heard.

The case for each of the ’wo purchasers is being heard sepai-j ately.

The first plaintiff is Ida Aileen Saunderson. a widow, of Franklin, and the defendant is Ernest Wai-’ ter Purchase, an optician of Ham-' ilton. Mr B. Sinclair, for Mrs Saunderson. said his client was shown' a house at 98 Ulster street by an I agent on July 3 and was quoted ( a purchase price of £3950. On ’ July 5, she made an offer of £3750 and this was accepted. On July! . 8 a deposit of £5OO was paid and 1 ; a receipt issued by the agent. The, agreement at this stage had also, been prepared but had not been signed by the vendor, who on this day was away from Hamilton.

When he i*eturned that evening Purchase had signed an agreement to sell to another purchaser for £4lOO, said counsel Mr Sinclair said Purchase had not given written authority to the' agent to sell, but had given ver-: bal authority to act on his behalf | j Purchase also gave authority to , complete the agreement and. Mr Sinclair said, h • rested bis case on this and the receipt issued by the agent. In her statement of claim Mrs -Sanderson claims vacant possession of the house or failing this, j the return of her £5OO deposit, together with damages amounting to £5OO. plus the cost of (be action. Defendant’s Evidence

Purchase gave evidence that he accepted Mrs Saunderson a offer although he had hoped earlier to get £4250 for the property. He was told on Monday, July 8. that she had arranged for finance, and the land agent was co have brought the agreement round for him to sign on the Wednesday. When he returned home on Tuesday evening after a day our of town he learned that another purchaser was offering £4lOO. Accordingly, after dinner, he saw another land agent and signed an agreement to sell to a Mrs Orr. “Do you not think mat was a shabby thing to do,” asked his Honour. Purchase agreed. T do not know why I did it?’ he . said. “It was the last thing in the world I wanted.” The case was adjourned until tomorrow morning.