A CLAIM FAILS
LSPUT.E OVER A CONTRACT.
Reserved decision was given by Mr. W. G.. Iliddel), S.M., to-day in the casj in which Algar Bros, proeeeued against M. G. Shecrau, of Wellington, to recover £78 damages for bread) of contract, and special damages amounting to £25. The dispute arose ..over a loan under the 95 per cent, scheme of the Stat. advances. The plaintiff contracted with the defendant to erect % house, and after the contract was signed the State Advances Department did not advance sufficient money to complete the contract. The defendant alleged that it was a condition of the contract that a sufficient State Advances loan.would be granted, and purported to cancel the contract on thoss grounds. . The Magistrate held that it was a condition precedent to the signing of the contract that' the necessary finance would be forthcoming; that the contract was not absolute) but conditional; and that the plaintiff was not entitled to damages for loss of. contract. He thought, however, that the plaintiff had done some work in connection with the plans and specifications, and should be reimbursed accordingly.
His Worship entered judgment for £12 10s, including £5 5s already paid into Court.
. Mr. H. H. Cornish appeared for the plaintiff, and Mr. A. J. Mazcngarb for the defendant. ••
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https://paperspast.natlib.govt.nz/newspapers/EP19250831.2.71
Bibliographic details
Evening Post, Volume CX, Issue 53, 31 August 1925, Page 8
Word Count
213A CLAIM FAILS Evening Post, Volume CX, Issue 53, 31 August 1925, Page 8
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