A LAND TRANSACTION.

Mataura Ensign, 25 February 1909, Page 3

A LAND TRANSACTION.

FAIOIEH AND STOCK AGENTS. At the Dnnedin Supreme Courl yes--.erdav, before .Mr Justice Williams, tho ase 'Wisely v. Kerr and McGruer was begun.

This was an action between John iVisely, of Milton', furnier, and George verr,' juur., of Gore, stock agent, and '.Villiam McGruer, of Gore, stock agent, ■ln'im for the reiuml of ,f,300 with in- ■ crest and costs, and a counter-claim .or Ihe performance of a specilio agrecuent. Mr Donald Reid and Mr A. S. \dams appeared for plaintiir, and Mr A". C. MacGregor and Mr E. K. Bowler .'or the defendants. Plaintiff claimed to recover his deposit of LoOO paid by him on contract, ui the ground that the defendants were unable to make good the title of tho land purchased, and that he hud rescinded fhe contract in consequence; and also that while -360 acres of land cere sold to him, the defendants only ifiercd to convey -170 acres. Tho eonir.ut was made on September 4, 11)08, and was written out by the vendors' agents in the presence of the plaintiff. 'The defence set forth was that, first, the plaintiff was not entitled under agreement to call upon the defendants to >,ho\v a clear title until full payment of the purchase money; second, that the acreage was reduced by subsequent 'griemenl between the parties. Tho defendants claimed that the agreement should be rectified, if necessary, to set this out clearly. By counter-claim the defendants claimed specific performance of the agreement amended as they alleged it should hi'.

Mr Reid explained the details of the negotiations between the plaintiff and tlie defendants and their agents, and tin- .subset|ttcnt sale to and purchase of the land near Gore by the plaintiff, under terms of written agreement which plaintiff by written notice, to the defendants had rescinded. John AViselv, fanner, iu the course of "videnee said that he agreed to purchase the land, comprising 560 acres, at the price of £6 6s per acre. The terms were that be pay a deposit of £SOO, and Cfi76 four weeks from date of purchase, the balance to remain on mortgage for five vears at 0 per cent. When the ly.iestinn of the transfer of title came up plaintiff, acting on advice, ceased pl.uii/hiiiK operations on the land. Heiert McKinnon, land agent and representative of D. Reid and Co. at Milton, also gave evidence. Further evidence is to bo heard this morning.