CLAIM FOR DEPOSIT
A PLAINTIFF NONSUITED.
A claim for the return, of £25 deposit paid in connection with the purchase o£ a property was heard by Mr. W. G. Riddell, S.M., in the Magistrate's Court' this morning, the parties being Ernest James Scells, agent, plaintiff, a-nd Wijliam Honry Bearman and his wife, settlers',' defendants. The statement of the claim sot forth that the plaintiff entered into an agreement with the defendants to purohaso a eix-rOomed house in Walter-street, and in the treaty for th« sale plaintiff alleged that defendants represented that bho property was subject to a first mortgage for £600 at 6 per cent., with four years to run. and a paragraph to this effect was included m the agceement. Plaintiff further alleged that the representation regarding the mortgage was made with the intention of inducing 1 the. plaintiff ' to purchase the property, but it subsequently transpired that th© mortgage matured on Ist February, 1915, and that the said representation, was false. In consequence of this plaintiff demanded the roturh of the deposit money.
On behalf of the defendants, it was submitted that they were ignorant of the procedure regarding the sale of property, and when Mrs. Bearman saw the plaintiff and discussed the matter, she was under the impression that the mortgage had four yeais to rim. She had been informed so by her agent. There was no case of misrepresentation to answer. It was further contended that the Court had no jurisdiction for the rescission of a contract, and that the plaintiff, who was an experienced land agent, should have examined the title of the property beofre agreeing to buy. In non-suiting plaintiff His Worship commented on the' fact that plaintiff had failed to examine the title of the property to ascertain the true position. He had accepted the statement of Sirs. Bearman, who had been given to understand that the property had a' mortgage which had four years to run. The Court had no power to rescind a contract—it was a matter for the Supreme Court. Mr. D. R. Richmond appeared for the plaintiff and Mr. T. Neave for the defendants. " ■ ■■■ _: :,
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/EP19200210.2.17
Bibliographic details
Evening Post, Volume XCIX, Issue 34, 10 February 1920, Page 2
Word Count
355CLAIM FOR DEPOSIT Evening Post, Volume XCIX, Issue 34, 10 February 1920, Page 2
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