The Estate of O'Malley and Pepperill v. the Corporation.

Evening Post, Volume XXIX, Issue 108, 30 May 1885, Page 3

The Estate of O'Malley and Pepperill v. the Corporation.

Tho fnUo—ii '• 'f< 'h" ..'.at-.nco of |< ' jj :gnif!i I. (,'ivt". ia -iio A;/f 0 '1 Court yf'=lyr. day by the Ohiof Janice, on behalf of himpelf aud Justices Johnston, Gillies, and Williams, in the cose of the Offioial Asigneo in the estate of O'ATalley and Pepperill v. Corporation of Wellington :— The Offioial Astiniee was entitled to recover the £500 which was forwarded to the Corporation by O'Malley aud Pepperill with their tender "as a guarantee of good faith ; to be retnrnod upon the satisfactory completion of work." The Offioial Assignee, however, could not recover for any works executed (for the due execution of oontraot by tho Corporation was a condition precedent to itit liability), nor couH ho recover the value of any material which O'Malley and Pepperill attached to the coil of the Corporation. An to any material not so attached or any loose artioies, he was entitled to recover, tho Corporation having no authority to take poiseision of these thing*. Tho seizure of O'Malley and Pepperul's and Corcoran's material was wrong because tho bill of sale wu given to the Corporation aa security for tho performance of a contract whereas there was no contraot. The plaintiff wai not entitled to recover anything in respect of the 23,000 bricks which O'Malley and Popperill agreed by the contraot to take ovor from the Corporation— they never took possession of them . As to the other material taken over by O'Malley and Pepperill from the Corporation, and remaining unattaohed to the noil at the time the Corporation took the work out of their hands, the material had not been paid for by them. The value was to be deduoted from the contraot prico, but as there was no contract between the parties the property did not pa is from the Corporation, and neither of the plaintiffs was entitled to these things as beinc the property of the bankrupts. As to the li >oae material brought on the ground by O'Malley and Pepperill and soized by the Corporation, these had been assigned to Corooran, a id he was entitled to rocoror their value from the Corporation. Tho plaintiff Corcoran was entitled to rerover £130, tho sum fits tod to bo the value of tho articles brought upon the ground by him. Tho plaintiffs ar< Ito have tho costs of the suit. _^^_______