TIED TO HIS BARGAIN.

Manawatu Times, Volume LXV, Issue 1868, 12 March 1913, Page 6

TIED TO HIS BARGAIN.

r A DUKE STREET DEAL. Sir Robt. Stout has given judgment upholding a Palmerston property deal made between John Patrick Curreen, of Feilding, and J. J. Hills, of Palmerston. The case was one in which Curieen sought to compel Hills to complete 'the purchase of a house and land in Duke Street, Palmerston, in accordance "with the terms of an agreement. The defence was:—(l) That the agreement was not a valid agreement of sale and purchase; (2) that the defendants never gave instructions for the preparation of the memorandum of transfer; (3) that the plaintiff has not been ready and to carry out the agreement, and the admission that the defendant has refused to proceed with the purchase; (4) that no damage has been sustained by the action of the defendant; (5) that the Statute of Frauds has not been complied with (this defence, liowtfver, was ab%ndoned); (0) material misrepresentation; and (7) after the discovery of the falsity of the alleged representations the defendant refused to proceed with the proposed purchase. His Honor held that the defendant had not proved his contentions, and gave judgment for the plaintiff for specific performance as prayed, with costs, but without damages. Mr Cook was counsel for plaintiff and Mr Cooper for defendant.