SALE OF A HOUSE: APPEAL COURT HEARS GREYMOUTH CASE

Greymouth Evening Star, 6 April 1948, Page 6

SALE OF A HOUSE: APPEAL COURT HEARS GREYMOUTH CASE

(P.A.) WELLINGTON, This Day. The-Court of Appeal today heard argument in an appeal brought by William Caldwell, of Reefton, a linesman, against Ernest Arthur Kirby, of Greymouth, from the judgment of Mr Justice Fleming given at Greymouth on November 25, 1947. The case concerned a dispute as to the sale of a house. Caldwell had agreed to sell his house to Kirby for £l5BO. Kirby paid the purchase money, less the amount owing;under a mortgage, and entered into possession of the house. The transaction duly came before the Land Sales Committee when the price of the house was reduced by £65. The solicitors acting for the vendor communicated with his wife, who agreed to the reduction of the price, and the Land Sales Committee, when notified that the vendor accepted the reduced price, passed the sale. Kirby noticed in a newspaper report of the sale that the price had been reduced by £65 and wrote to Caldwell, demanding the return of £65. Caldwell maintained that he had never agreed to the reduction in price and that his wife had no authority to agree to a reduced price. He refused to sign the necessary transfer to vest the land in Kirby and said the contract for 'Sale had been rescinded. Mr Justice Fleming gave judgment in favour of Kirby, that Caldwell had agreed to the variation in price and was bound to carry out the contract as. varied. An order was made that the transfer of the land to Kirby be executed and the sum of £65 be repaid to him. Caldwell has appealed against this judgment on the grounds that it is erroneous in fact and in law.