PURCHASE OF LAND

Evening Post, Volume CXI, Issue 133, 8 June 1931, Page 10

PURCHASE OF LAND

CLAIM UNDER GUARANTEE A claim for £1500 under a guarantee was made in the- Supreme Court to-day before Mr. Justice MacGrcgor by Frank Ross against Hamilton Andrew Hugh Gilmer in respect of property in Hawkes Bay. Judgment was given for tho plaintiff for the amount claimed, with costs and disbursements. The agreement and guarantee entered into by the parties, said .his Honour, were that all payments were to be duly and punctually made and all covenants duly observed and performed. It was admitted that tho purchaser of the land had not duly observed and performed one of the covenants. He had made default in payment of certain interest. Tho result of that was that the whole of the remaining purchase money had become deemed to be duo and payable. That being so, the guarantor was liable to make good his liability under his guarantee, but under tho agreement the liability was limited to £.1500, which amount was claimed. "I am unable to gather," said his Honour) "why I should not follow tho precise terms of tho document. It seems to me the plaintiff is entitled to recover. ''

Mr. X Had field appeared for the plaintiff and Mr. S. A. Wiren for tho defendant.