BUYING A HOUSE

Evening Post, Volume XCVIII, Issue 114, 11 November 1919, Page 7

BUYING A HOUSE

CLAIM FOR DAMAGES.

RETURNED SOLDIER'S CASE.

A claim in connection with the purchase of property, for the return, of £100 deposit, also £100 damages, 'brought by J. M. Hale, a returned soldier, against Robert Bryden, both of "Wellington, was heard by his Honour Mr. Justice Edwards and a jury of four to-day. Mr. T. Neavo appeared for the plaintiff, and Mr. 0. 0. Mazengarb for the defendant. The property in question was No. 236, „ i Rintoul-street, belonging to the defendant, who instructed; J. D. llatfiu M'lntyre, land agent, to sell the place. - file plaintiff was the purchaser. He , claimed that representations had been 'made that the building was not, more ' than eight years old, and was' free fromworm and borer, and that the property was a proper security for an advance of £650 from the Discharged Soldiers' Settlement Department. The plaintiff paid tho deposit of £100. It was ■submitted that the representations of the defendant's agent were incorrect, and that the house was infested with worm -and borer, and that the Repatriation Department had refused to make any' advance whatever on the said.,propertv'^ The defendant had failed in, his undet-f< ' ■taking, it was further submitted, to raise a mortgage of £650 to enable the plain-' tiff to complete the purchase,. in event of the Department .making no advance on the property. '■ •■ The defence was that no mention'had •been made of worm and borer, in the representations, and that the plaintiff had 'been informed .that .thei front1- part of the house was from, 20, to 23 years old find that certain other rooms had been .added later, and that a largo portion of the house was from 8 to 10Wears old. The defendant denied that 'an/represent tation had been made on the Soldiers' scheme. A mortgage of. £650 had beeix arranged for the plaintiff,' and kept available.... .-

_ Hearing of evidence occupied tie vourt during the day.