A PROPERTY SALE

Dominion, Volume 18, Issue 195, 13 May 1924, Page 9

A PROPERTY SALE

CLAIM FOR REFUND OF DEPOSIT. A claim for refund of a deposit in connection with a property sale engaged the attention of the Chief Justice (Sir Robert Stout) in the Supreme Court yesterday morning. Plaintiff was Leonard Wheatley, salesman, of Wellington (represented by Mr. A. SWiren), and the defendant was Sarah Ann Graham (for whom Mr. A. W. Biair appeared). It was stated by plaintiff that he had agreed to purchase a property for £ll5O and defendant had represented to him that the dwelling house did not encroach upon McFarlane Street. The sum of £lOO was paid as a deposit. Trouble had since arisen, and plaintiff sought to recover tho deposit, together with interest, expenses and £lOO as damages, or, alternatively, the sum of £430 for alleged breach of warranty. Defendant denied the allegations of plaintiff and contended that £75 was received as a deposit. It was also denied that there was any encroachment on the public street. Defendant counter-claimed for £l5O for depreciation of the premises, interest, and expenses. The hearing was adjourned in order to allow the parties to confer with the City Council in regard to the boundary.