PURCHASE OF LAND

Dominion, Volume 24, Issue 179, 27 April 1931, Page 7

PURCHASE OF LAND

Specific Performance Ordered An appeal from a decision of Mr. Justice Herdman, in which Henry and James Boyle, contractors, of Christchurch, were ordered to . specifically perform a contract with Frederick E. B. Lovelock, farmer, of Eureka, has been dismissed by the Court of Appeal. The ease was heard on March 26, when it was stated that by contract, dated December 20, 1929, Henry and James Boyle agreed to purchase from Frederick Lovelock 2483 acres of land at Kirikiriroa, at £9 an acre,. On February 17, 1930, however, the appellants wholly renounced the contract, as a result of which Lovelock brought an action in the Supreme Court claiming specific performance. Mr. Justice Herdman, in part of his judgment said Im was unable to discover anything which entitled the two Boyles to be released from the bargain. Judgment, therefore, was awarded to Lovelock, and-the defendants were ordered to specifically perform the contract. Mr. Justice Reed, who delivered the Appeal Court’s judgment, • held that the appellants could not successfully contend that they were not bound to execute the deeds of covenant in question.