AN IMPORTANT CASE.

Gisborne Times, Volume XXII, Issue 1717, 6 April 1906, Page 2

AN IMPORTANT CASE.

QUESTION AS TO PURCHASING

CLAUSE.

(Per Press Association.) Wellington, last nigh

A very interesting point was presented to the Coutt of Appeal thi3 afternoon in the csss of Wille Fels aadlsadore Samuel Da Beer (trustees of the will of Bendix Hallenstein of Dunedin) Bgainst William Weet Knowles and Frederick William Hales (trustees of the will of Joseph Burne, of Wellington). Some 15 years before his death Joseph Burne granted a lease for 21 years to Henry Condy Wilson and John Moore Richardson. In 1891 these lessees transferred their interest to Bendix HalleD? eteiD, who got a new lease for 14 years from the tmetees of Joseph Burne’s estate. In the original lease to Wilson and Riohardson a purchasing clause WU3 inserted, and when Hallenstein took over tho lease he also lock over this option to purchass for D6JOO. The executors in Hallenstein’s eßtete, the present plaintiff?, tendered 1)6000 to the executors of Burne’s estate, the defendant?, in pursuance of the purchasing clause in the agreement, but defendants refused to accept. They now any the land is worth DIO,OOO, and that as trustees they had no power to lease. The present oase, one lot specific performance of an agreement or damage?, wp-s removed by oonsent direct from the Supreme Court into the Court of Appeal, The oase is proceeding.