ABOUT A WHARF.

Evening Post, Volume LXXXII, Issue 22, 26 July 1911, Page 3

ABOUT A WHARF.

A BLENHEIM CASE. The attention of the Court of Appeal was occupied yesterday afternoon in the hearing of an appeal ffom a decision of Mr. Justice Chapman in a- case of specific performance in respect to a store and wharf at Blenheim, on the ground that the judgment was erroneous in point of law and fact. The parties were John Joseph Corry, of Blenheim, merchant, appellant, and Bertha Paine, of Blenheim, wife of Frank Paine, decorator, respondent. The Bench was occupied by the Chiei, Justice (Sir Robert Stout), Sir Joshua Williams, and Justices Edwards and Sim. Mr. A. W. Blair, with him Mr. <*}, H. Pell, appeared for appellant, and Mr. H. D. Bell, K.C., and Mr. R. M'Callum for respondent, This action, feaid Mr. Justice Chap man in his judgment, was originally brought in the Magistrate's Court at Blenheim to recover £100, an instalment of the purchase money of a store and wharf, under an agreement dated 16th June, 1909. The sum of £34 was also claimed as interest on the unpaid ?iurohase money. In answer to this, de. endant denied that the vendor had a title to the store and wharf, and claimed to rescind the agreement on that ground. He claimed a return of the purchase money so far paid. His Honour said he was of opinion that the case was ohe for compensation, and that the contract must bo specifically performeu. Fot what would, at the Wolst, have to be don© to the wharf, the .sum of £75 waa not only ample, but extremely liberal compensation. His Honour made an order accordingly. , Against this appellant appealed" 'Jfhe case was continued to-day.