CIVIL BUSINESS.

Dominion, Volume 2, Issue 520, 29 May 1909, Page 15

CIVIL BUSINESS.

" DEAL IN PAEKAKABJKI LAND. LIABILITY- OF /THE .PUECHASEBS. The hearing of un action in which R, B. JacksonJ settler.Nelson, 0. Y, Fell, Eolicitor, kelson, W, Bout,' junr., auctioneer, NelBon.iand A. T. Bate, sharebrok'er, Wellington, were, plaintiffs, and W. B. Hudson, Civil' Sen ant, W. H. Field, solicitor, 0. Antico,' settler, and ■6. Angolini, sottler, all of Wellington, were the defendants, was continued before Mr. ■ Justice Cooper, yesterday. Mr. Von Hsast appeared on behalf of plaintiffs; Mr. Skerrett, K.C. (with him Mr. Toogood), for defendants Hudson and Field; Mr. Lev! for *defond&nt Antico, and Mr. Wilford for defendant Angelini. According to the statement of olaim, defendants agreed to purchase from plaintiffs a property at Paeloikariki, containing about 30 ncres, for £3042. The terms were that £400 was paid'by way of deposit, and that tho balance should bo paid within three years. Defendants subdivided the property, and sold portion of it by auction. It was claimed that tho Court should declare that defendants were jointly and severally liable under the agreement. Defendants, Hud- . son and Field, replied that what they er tered into an agreement for each to purchase ono-fonrth undivided share in the property. Defendants, Antico and Anrelini, asserted that Mr. B. L. Robertson advised Antico to become .a member of a syndicate which was about to ie-sell a property at a handsome profit.' < -It was also alleged that, when Antico asked Mr. Bobertson if there was any agreement, he was told that one was unnecessary, on account of tho intonded immediate re-sale of the property. Defendant Hudson said that that was tho first spccnlation of the kind in which ho had taken, part. Ho had written to plaintiffs, agreeing to purchase a' quarter undivided share in, the to that date, : ho had asked Mr. Boland BobertBon what would bo tho limit of his liability. In reply, he was told that, after allowing for the deposit of -£100,-" tho maximum amount' would bo between £700 and £800. He never gavo anybody authority to alter the bargain between him and the vendors. As a matter of fact, he did not know that the bargain had been altered until some few months ago. Defendant Antico told him, on the occasion of one of tho meetings', that his nephow, Angolini, was no longer interested in tho property, and that ho now had two quarter shares. Subsequently Antico had held the predominant voico at tho meotings held to consider the development of the property. He (Hudson) was quit* wining, at any time, to complete tho bargain which ho entered into. There was a deadlock at tho meotings, owing to his proposal (which was supported by Mr. Field) that reading should bo done being opposed by Antico. When ho suggested that tho property should be divided into equal shares the other owners objected. To Mr. Von Haast: Ho limited his share to one-fourth, because ho did, not wish to - got out of his depth. Ho had never sben the ag\ cement relating to tho transaction. In-October last,'Antico donied that he was liablo for a half share; ho had, he said, signed no agreement. Be-examined, defendant stated that, at the , meetings, Antico was. a "passive reeister." Defendant Field gave evidence Siat on behalf of his firm ho purchased ono fourth undivided share in tho property. Tfl Mr. , Von Haast: On no account would ho ever burden himself with other people's liabilities. To Mr. Levi: It was hoped that tho land nould be resold as a whole at once. Defendant Antico said that Mr. E. T. Eobortson advised him that if ho joined a syndicate which was about to purchase a property at Paekakariki ho would at onco mako tt good return on his money. Mr. Bobertson further stated that another syndicate was' being formed to take tho property over from tho syndicato which was purchasing the property. He (Antico) went into tho transaction becn-uso ho trusted Mr. Robertson, who was tho Consul for Italy. Subsequently ho told Mr. Robertson that ho would tako £150 for tho £200 which ha had paid, as ho wanted to cot out of tho transaction. In connection with the contract which he entered into, there was no written agreement. He was led to understand that ho would not bo required to pay any interest, No mention was mado by Mr. Bobert'on that tho principal would havo to bo paid within three yeare. Angolini had not sold him hi? share. To Mr. Von lliutst: When ho bought properties he paid cash for them. Havim; heard argument, his Honour said he would tako time to consider his indement. b