SALE OF A SECTION

Dominion, Volume 18, Issue 191, 8 May 1924, Page 8

SALE OF A SECTION

CLAIM FOR SPECIFIC PERFORMANCE.

Before the Chief Justice (Sir Robert Stout), in the Supreme Court yesterday, John Sanders Fairchild, dental surgeon (represented by Mr. A. B. Wiren), proceeded against Lawrence Godwin Poiter (for whom Mr. E. K. Kirkcjaldie appeared) for specific performance of an agreement under which he purchased from defendant. a section at View Road. Karori. Plaintiff contended that under the agreement he was to have the unencumbered freehold, while defendant desired to retain for himself a right-of-way. through the section. The purchase price was fixed at £5OO, and of that sum plaintiff had paid £2OO, also £32 ss. for rates, interest, etc. He sought specific performance of the agreement or the payment of £232 55., and tho costs of the proceedings. z Defendant denied that plaintiff was ready and willing to pay the balance of the purchase money, and counterclaimed for the balance, £3OO, and interest, regarding which plaintiff denied responsibility. His Honour advised the parties to endeavour to arrive at a settlement between themselves. If they were unable to do so ho would give his decision.