SALE OF NEWSPAPER

Hokitika Guardian, 6 December 1929, Page 6

SALE OF NEWSPAPER

ONE PAKTXEIi’S OPPOSITION. (By Telegraph—Per Press Association.) DUNEDIN, December 5. After a hearing which has lasted for three days, a conclusion was reached in the Supreme Court before .Mr Justice Kennedy to-day in a case in which William Twaddle, as representative of a syndicate proceeded against Albert Eden Russell, Robert James Alillis, and James Radcliffe AlcNaiighton, the proprietors of the ‘‘ Chitlin Leader ” newspaper, Baleiutha, for the specific performance .of an alleged contract to sell the newspaper. Before the business was sold by auction, the conditions of sale were drawn up, one clause providing that the partners should sign a deed of covenant that they would not compete within a radius of 25 miles lor 10 years.

Prior to the auction, McNaughton declined to sign the deed, and the auctioneer made this known at tin 1 sale. There was a belief at the time of sale that McNaughton could be compelled to sign, but this later proved to be ungrounded. The plaintiffs principal claim was that the business was sold minus McNaugliton’s signature to the deed, but the defendants claimed that, as .McNaughton had refused to sign, there had never been a completed contract. Judgment was reserved.