TENANCY OF A HOUSE

Dominion, Volume 18, Issue 59, 4 December 1923, Page 8

TENANCY OF A HOUSE

AND PURCHASE OF FURNITURE

The written judgment of Mr. F. K. Hunt. S.M., previously of Wellington, but now stationed in Auckland, was delivered at the Magistrate’s Court yesterday afternoon in the case in which J. Jackson sued A. E. Peterson for the sum of £25, being the balance due in respect of a contract entered into by plaintiff and defendant. The defendant agreed to take over the tenancy of a house and purchase certain furniture in the house for £5O, The sum of £25 was paid by Peterson on April 9, 1923, 'but he refused to pay the balance. The defendant stated that there was a condition attached to the contract that Jackson should grant a legal and valid lease for two years and that Jackson had not done so. Peterson therefore claimed that Jacksi>n had rescinded the contract and he counter-claim-ed for the return of the deposit made, viz., £25. At the hearing on July 27. 1923, while admitting the making of the contract, Peterson modified his allegations to an assertion that he was to receive a lease for “one year certain.”

In his judgment, tho Magistrate said he could not accept the defendant’s construction of the terms of tho contract. He. held that a contract had been enered into wild that Jackson was entitled to have its terms fulfilled. Judgment, was accordingly entered for the plaintiff for £25 and costs. On tho counter-claim judgment was also entered for the plaintiff with costs. Mr. A. B. Sievewright appeared for the plaintiff and Mr. R. Deere for the defendant.