A FARMERS’ CLAIM.

Hawera Star, Volume XLV, 2 October 1925, Page 7

A FARMERS’ CLAIM.

MONEY DUE UNDER CONTRACT. RESERVED JUDGMENT GIVEN. Reserved judgment in. the case in which R. Voullaire, farmer of Otakeho, claimed the sum, of £25 from Flora N. Putt, also of Otakeho, .was given by Mr. J.. S, Barton, S.M., at the Hawe-ra Magistrate’s Court ito-dav. Plaintiff alleged that defendant, offered to release him of claims under mortgages and pay him the sum of £25 if he would give up possession of certain land at Otakeho, and sign a transfer of it to the defendant. Plaintiff accordingly signed the transfer and gave up possession,, but it was further alleged that defendant refused to pay over the £25. Defendant submitted tbafc to get his remedy plaintiff should go into tlie Supreme Court. He also contended that he had made arnangements with one Smiillie for the payment of £IOO, and before that money was paid over the £25 was not to be paid. After traversing the evidence, the magistrate said he was of the opinion that the court was not concerned with the legal, effect of any of the acts of the parties in the .performance of the contract. The parties before him had done precisely what they had contemplated and arranged, and even if a.t any stage the legal effect of what they had done should be different from what they contemplated (a submission for which he could see no grounds) •'•hat fact alone afforded no reason, for nonpayment of the debt, which was the only unperformed stipulation, of the contract. Judgment was for the plaintiff for the amount claimed. -On the application of counsel for defendant, security for appeal was fixed. Ait tho sittings of the court, when the ease was heard, Mr. L. A Taylor appeared for the plaintiff and Air. E. Beeehey for the defendant.