A STAMP DEAL

Evening Post, Volume LXXXVIII, Issue 102, 27 October 1914, Page 2

A STAMP DEAL

LITIGATION BEFORE THE APPEAL COURT. A deal in stamps formed the basis of a case hoard to-day by the Appeal ¦ Court. On the -Bench were their Honours the Chief Justice (Sir Robert Stout), Mr. Justice Edwards, and Mr. Justice^ Sim. The parties in the original action, "(commenced on 3rd March, 1914) were Alexander Brodie, of Wellington, stamp merchant (plaintiff) and the Stanley Stamp Company, of Wellington, etamp mer- 1 chants (defendants). The plaintiff claimed from defendants the rescission and cancellation of an agreement dated 10th December, 1913, entered into with'defendants for the purchase of their business, and the return of the sums of £100 and £1000, with interest thereon at 6 per cent, per annum, paid on 2nd December and Bth December, 1913, respectively; also the sum of £150 damages for alleged fraudulent misrepresentation and breaches of warranties. In the alternative ho claimed the sum of £1500 for damages for alleged deceit and the costs of the 'action. In his final judgment, his Honour Mr. Justice Hosking directed that an enquiry be held before the Registrar to ascertain by what sum the book and other debts fell short of £817 8s 4d (the amount of the book debts as represented to plaintiff), and that the defendants pay within fourteen days from the date of the Registrar's certificate, by way of damages, such sum as.%vas certified. His Honour gave judgment for the plaintiff according to scale upon the sum certified and disbursements other than witnesses" expenses, with £16 15k for one extra day, £8 8s a day for extra counsel for two days, and the costs of all interlocutory proceedings, to be fixed by the Registrar. In the course of his judgment, his Honour stated that Osmond might have thought . that the negotiations were all quite clear to the plaintiff, but the latter had a written contract, and was entitled to rely on it unless it was shown by the defendants that there was a mutual mistake in reducing the contract to writing. Against his Honour's decision the defendants appealed, on tho ground that it was erroneous in law and in fact. For the appellants (the defendants in the original action) Mr. C. B. Morison, K.C., with Mi\ G. Samuel, appeared, and for the respondent (the plaintiff in the original action) Mr. M. Myers and Mi-. V. R. Meredith appeared. After legal argument had been heard, the Court reserved its decision.