CONTRACT VOIDED

Evening Star, Issue 19276, 15 June 1926, Page 9

CONTRACT VOIDED

SALE OF LAHD [Per United Press Association.] CHRISTCHURCH, Juno 14. Following on the case in which Dr F. G. Gibson obtained judgment against a syndicate that offered for sale the Narbey Estate at Akaroa and secured a refund of his deposit on two sections, Mr Justice Adams to-day gave judgment in favor of Arthur Rochead Pritchard against George Albert Tattle and ohers. the present owners of the estate. Pritchard at an auction sale in 1920 bought two sections, paying a deposit of £52 10s. He now sued for rescision of the contract, and for a refund of his deposit. • His Honor said that the evidence in the present case showed that the syndicate had had an unfortunate history. The initial blunder was in proceeding to sell the sections before obtaining the approval of the Akaroa Borough Council to the plan and to a definite scheme for the formation of streets, drainage, and lighting, and without arranging for the moneys required to carry out ’ the necessary works. The next was in making representations by the sale plan, and, through, its agent, that the whole of the streets shown on the plan would be completed before May 1, 1921. As a consequence the members of the syndicate found themselves in difficulties in regard to finance a few months after the sale. The long and unnecessary delay and the fact that ’ho syndicate had never attempted or offered to perform its part of the contract, or hau made any demand on plaintiff, were sufficient to show an intention to abandon the contract. Plaintiff was justified in rescinding without any preliminary notice, and was entitled to a declaration that the contract of the sale was rescinded and to a judgment for the amount of his deposit, £52 10s, with interest at 6 per cent, from the date of payment and costs, which, by the agreement, were fixed at £3O plus disbursements and witnesses’ expenses