LAND SALE CONTRACT NOT BINDING: RULING BY COURT
(P.A.) CHRISTCHURCH, Sept. 2. A claim by Louis Delmonte for the specific performance of a contract by Edward James Abell, to sell the freei hold of his shop and house at 134, Ohawa road, for £1640, was heard by Mr Justice Fleming in the Supreme Court on August 21. The defendant, Abell, had counter-claimed for £7l 10s rent, stated to be owing by Delmonte. In. his reserved decision, given today, His Honor gave judgment for Abell on. the claim for specific perfcmance of contract, and also on the counter-claim for rent. AL the hearing it was stated that, on May 16, 1946, Delmonte agreed to buy Abell’s business of general storekeeper for £.1650, and to lease the shop and the house at a rent of £3 5s a week. On September 20, 1946, Delmonte offered to buy the freehold of the property for £1640. This offer was accepted by Abell. It contained a clause that it was subject to consent of the Land Sales Court, and that Abell was to accept the price within seven days of the granting of consent, or to return Delmonte’s deposit. On November 20, 1946, the Christchurch Urban Land Sales Committee gave its consent to the price of £1640, on condition that settlement credit was given to Delmonte for £738 overpaid by him in the purchase of the business. “I am not concerned with the correctness or otherwise of the Committee’s decision, but only with its effect,” his Honor said. “The Land Sales Court has no jurisdiction to enforce its own orders, or to, punish any person by fine or otherwise for breaches of the Act. It has no power to order a vendor to refund any parti of the price paid to him for a business | But it has power, .in my opinion, to 1 refuse consent to a sale of land un-j, less a refund is made of any excess 11 in the price paid in any other trans- I action which it considers a related ‘ I transaction. That is what was done 1 in this case. The vendor is not bound 1 to accept the condition.” j
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Greymouth Evening Star, 3 September 1947, Page 8
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363LAND SALE CONTRACT NOT BINDING: RULING BY COURT Greymouth Evening Star, 3 September 1947, Page 8
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