Untitled

Evening Star, Issue 19774, 26 January 1928, Page 2

The case heard in the Magistrate’s Court yesterday in which Jean Shepherd (Mr E. J. Anderson) claimed £SO from Margaret Holley (Mr R. A. King), a deposit paid on the purchase of a house situated at 36 Hope street, was concluded in the afternoon. Mr J. R. Bartholomew, S.M., in giving judgment, stated that this was one of those cases which frequently arose where litigation was brought about by the result of a loosely-drawn agreement—drawn up by a land agent. The land agent in this case was not in a position to draw up a proper agreement, as he had no information as to the position of the mortgages. ' The agreement was so indefinite in its terms that it was not capable of being enforced. Such an agreement had to contain definite particulars as to term and rate of interest of the mortgage. There was evidence that the plaintiff was quite ignorant in matters of this nature. Ho could quite understand that the plaintiff would he in a state of confusion in her first visit to a solicitor's office when different types of mortgages were being explained to her, and that she did not know the position when she left the office. However; the magistrate was not concerned with her reasons for repudiating the purchase. All he was concerned with was whether the position in law was such as to enable her to repudiate. For the reasons stated the plaintiff was clearly entitled to repudiate, and she was entitled to recover the amount of her deposit. Judgment' would be given for the amount claimed, £SO, with court cost® and goMtbr’s fee .(£4 SsL