SUPREME COURT.

Dominion, Volume 2, Issue 610, 13 September 1909, Page 11

SUPREME COURT.

■v v ;-X; v A CLAIM FOR £2000. : over'a iand deal; ' '; Mri"Justice Chapman arid. -a'common jury coutifine'd on Saturday' tho hearing of tho caso iiil .which Edgar iowder .Holmwood, farmer, of Mastorton,' .claimed v£2ooo . damages . from Donald/ Ifoid,,farmer,;-of ■ Silvorstrcain, near Upperr.Hutt, for ulleged broach of contract to purcijaso land..'■.• '~ ■~ .:jif:VSk(jrr(!tt,;K,C.'; with' liim Mr. Ostler, appearod .'for plaintiff, aud, Mr. Wilford and llr.'jLevi for defendant. i*ho-property which was; to havq been pur. chased-;was Stated to bo situated about haltwnV::sbct\veen Foxton and Longburn,. on . the railway: lino.- Plaintiff alleged that an agreementiVPFas arrived at:with'defendant on April 19~'las't, in tho following terms: "Ko Mrt'E. L;''vU6lrawood's Daincsso "property, of' 1M!1 acres;-I-now. beg to offer .£l3 nor. acre for tho. freehold, torms cash, over mortgage of £13,00Q, whioh.itis understood is,toremuinat'-H per cc'nt.v.for sovcu yours from May' 1- nest, ■_ tin .'■which'-', date I would take possession. The nbovo \offcr to remain °P<=u ulllil Saturday, Sith'-instaut. Donald Keid. I hereby' accept the'abovo offer on .the terms staled. 13. !'•■ Holm(\-dod.|. 19J4.'09."... Plaintiff stated that ho was ready and willing to'complete the said, iraV,defendant repudiated the agreement and icfdsed to completo it. Defendant, ;in ;his filed -statement, donicd that the plaintiff was ready-.'and willing to complete tho salo, or that ho hail'suffered any damage through the rcpu; diatib'ii : of tho agreement. Ho furthor stated that bo was induced to enter into tho agrecpi«nt.' l ;(if. ahy) by tho fraud of. the plaintiff, arid, within reasonablo timo after l\o had nofaco of''thev fraud, and before ho bad received any benefit; under tho agreement, ho repudiated andvobandoncd it. Tho'fraud, ho alleged, consisted of wilful misrepresentations made~by the, plaintiff, with tho intontion of inducing, defendant to mako tho offer. Ho would not hi'voi'. entered' into 'the"agreement' except - in reliihcO upon tho truth; of theso ■ representations. ', By way of coiinteMlaim, he asked that the/alleged agreement'should bo rescinded and declared null and void. ,':.'..:. ' , ThV.'hearing of evidence in support of plaintiff's'- caso was not concluded,-.when 1 the Court adjourned at 1 p.m... . '~'.-.;