ORDER TO SELL

Evening Post, Volume CXXIII, Issue 118, 20 May 1937, Page 7

ORDER TO SELL

PROPERTY DISPUTE

Holding that the plaintiff had proved his case, Mr. Justice Ostler in the Supreme Court late yesterday afternoon'made a decree for the specific performance by A. C. V. Johnson, an electrical contractor, the defendant in the action, of a contract to sell his house property in Graf ton Road, Roseneath, to E. K. Thurkettle, a clerk, the plaintiff.

Thurkettle's case, details of which appeared in yesterday's "Post," was, briefly, that atter he had entered into an agreement to purcnase Johnson's house tnrough a land agent, Edward Jones, who had tne owner's signed authority to 'sell, Johnson repudiated the contract.

The evidence for tne defence, as outlined by counsel, was that Johnson, after giving Jones authority to sell, informec. nim orally tnat tne property was not tor sale, and later said he would consider an offer greater than that required by the original authority, as he had subsequently spent £6U or £70 on renovating the place. His Honour found that the authority had not been properly withdrawn and that Johnson was bound by the contract made by Jones as his agent. The plaintiff claimed also £75 damages, but his Honour awarded none, remarking that the plaintiff, when he acquired the house, would have the benefit of the present owner's improvements. Mr. G. C. Kent appeared for the plaintiff and Mr. M. IV Luckie for the defendant.