SALE OF A HOUSE

Evening Post, Volume XCIX, Issue 122, 24 May 1920, Page 8

SALE OF A HOUSE

A DISPUTED AGREEMENT

An action for a declaration to rescind an agreement was heard by Sir John Salmond at the' Supreme Court this morning, the plaintiff being Ernest James Scells and the defendants William Henry and E. L. Bearman. Mr. R. H. Webb appeared for the plaintiff, and Mr. Neave for the defendants.

The plaintiff alleged that the defendants agreed to sell to him a six-roomed house and section in Walter-street for £925. It was represented by the' defendants that the"property was subject to a first mortgage for £600 at 6 per cent, with four years to run, and a paragraph to , that effect was subsequently included in the agreement. The plaintiff contended that such representation was a material representation, and as it subsequently proved to be false, though it might have been made quite innocently, he rescinded the agreement by notice in writing, and demanded the return of his deposit of £25. The defendants had failed to comply, and the plaintiff consequently claimed (1) a declaration that the agreement was validly rescinded. (2) repayment of the deposit of £25, and (3) £15 damages. The plaintiff, who described himself as a retired agent, stated in evidence that bis idea was to buy and sell the property with a view to making a profit. He relied on Mr. Lingard to get the particulars regarding mortgages, etc. The mortgage proved to be four years overdue, which made a decided difference in the saleableness of the property. William Lingard, estate agent, stated that on inspecting the house, Mrs. Bearman informed him that the mortgage had four years to run.

To Mr. N Teave: Mrs. Bearman made that statement in reply to his question as to whether there was any mortgage on the property. He denied that he asked her particulars of the mortgage, and also th;:t she replied that all she knew about it was that Mr. Fanninu, who sold- the property to her. told her that the mortsrage had five years to run. He knew that the plaintiff had been non-suited in the Magistrate's Court in connection with the matter, but he did not remember that he gave evidence on that occasion. Hjs memory was "none too good." Thh concluded the plaintiff's case.

Mr. Webb said that his client abandoned his claim for £15 da-mages, but sought a- reimbursement of the expenses he had been put to.

Mr. Neave submitted that no representation was made by Mrs. Bearman that the. mortgage had four years to run. He stated! that all that ocurred was that Mrs. Beavman passed on to Mr. Lingaid the information that all that she knew was lhat when Mr. Fanning sold her the property a year before, the mortgage had five years to ran.

Mrs. Bearman gave evidence confirm' ing counsel's statement.

(Proceeding.)