DAMAGES CLAIMED

Evening Post, Volume CXVI, Issue 34, 9 August 1933, Page 8

DAMAGES CLAIMED

.ALLEGED BREACH OF CONTRACT

In the Supreme Court today, Mr. Justico MacGrcgor heard an action i brought by Philip Joseph May, of Takapau, against Hazel May Bowyer, of Wellington, married woman, sued in respect of her separate estate. The claim was for specific performance of a contract to purchase a property at Karori. Mr. K. P. Hay appeared for plaintiff, and Mr. A. i\ Hogg, frith him Mr. J. D r Willis, lor. defendant. The statement of claim set out that the defendant contracted to purchase from the plaintiff a freehold property, comprising 20.3 perches in. Cooper Street, Karori, for £1225. The written agreement to purchase and term.s were signed by the parties. Tho plaintiff applied to the defendant for specific performance of the contract, but defendant, it was alleged, renounced the contract. Therefore the plaintiff applied to tho Court for specific performance; or, alternatively, in caso it should be- held that the plaintiff was not entitled to a decree for specific performance, the plaintiff claimed £200 as damnges for breach of contract, with costs. In the statement of defence, the defendant denied that tho agreement was made as alleged, but contended thut it had been' arranged that tho agreement should not take effect until tho fulfilment of the condition that the defendant and her husband should make a further inspection of tho dwellinghouse and finally approve of the same, and that that condition had not been fulfilled, and tlic house approved of. Jn support pf the plaintiff's case, the evidence of Robert Leslie Jones, Matilda Kcrr, and Philip Joseph May was taken. For the defence, Mr. Hogg said it was clearly understood that Mr. and Mrs. Bowyer were to inspect tho property again before the purchase was completed. Counsel also raised tho legal point that the plaintiff's right of action had been lost through delay. (Proceeding.)