PROPERTY DISPUTE

Evening Post, Volume CX, Issue 50, 27 August 1925, Page 6

PROPERTY DISPUTE

RECISSION OF CONTRACT

SOUGHT.

An action seeking the recission of a contract, and the. return of ' a. deposit of £100, engaged the attention of Mr. Justice Ostler at the Supreme Court today. The parties were Clara Jane Watson, widow, of Wellington, plaintiff; and Norman James Oliver, clerk, of Wellington, defendant. The statement of claim set out that the plaintiff agreed to buy a property, No. 270, The-Terrace, from the defendant, for the sum of £2150, and paid £100, part deposit. On 9th December, 1914, the plaintiff stated tfiat s!i_e found out that the property was subject to' a right of encroachment in favour of an adjoining owner, and that the two mortgages registered against the title, she alleged, were not for' the amounts stated in the agreement, and contained covenant requiring periodical repayments.of principal. She stated that the defendant refused to comply with her request that the encroachment be removed, and the mortgages brought into conformity with the terms of the agreement. She alleged misrepresentation on the part of the defendant, and contended she was entitled to rescind the contract by. reason of the defendant's failure to deduce a good title to the property.

The defendant stated that the plaintiff was aware of the encroachment and the mortgages before the contract was varied by mutual consenf, and denied misrepresentation on his part entitling the plaintiff to rescind the contract, arid stated that he or his agents gave information to the plaintiff concerning all the matters which the defendant was required to disease, and should have, disclosed lo the plaintiff.

(Proceeding.)