PROPERTY DISPUTE

Evening Post, Volume CXVI, Issue 110, 6 November 1933, Page 9

PROPERTY DISPUTE

CLAIM FOR £816

SUPREME COURT CASE

An alleged refusal" on the part of iltobert Eichai-a Holmes, insurance coni: pany manager, of Wellington, to purchase a property at Cputts Street, Kilbirnie, aifter he had signed" a contract to ao so resulted in Stephen.Hope Ecld, contractor, of Wellington, claiming £816 damages from Mm at the Supreme Court today. _ The major portion of tha amount claimed represented ■ the difference between the contract price-and the market value of the property. . " ' ,' ■, Tho case is being heard by the Chief Justice (Sir Michael Myers). Mr. H. J. V. James appears for the plaintiff, and Mr. R. Hardie Boys forI the defendant!

• Both parties to tho action, said Mr. James, were speculators in city properties, not only in buying and selling, i but in exchangel On July 22,1933, the plaintiff and the defendant entered into a contract whereby Holmes was to purr Ichaso from Reid a property at 107 iCoutts Street for £2900. The contract iwas subject; to. Reid purchasing from (Holmes a property at'B4 Danioll Street for £800/ and another on the Esplanade at Petone for £300. The plaintiff had at all times been, and was still, willing to .carry out his part of the contract, but the defendant, it was alleged, had ■wholly repudiated Ms obligations under •the contract.

The defence was that the. title- to the Feton& property was not solely in the ■name of Holmes, and the other party, a Mrs. Manning,, would not agree to the sale. At the time of tho signing of the contract between Reid and Holmes the last-named, it was alleged, made an oral condition that tho contract should not bind him ,nnless and until Mrs. Manning consented \in writing to the •'sal.b of the Petone property.

Evidence- is being heard.