AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLIX, Issue 15169, 7 December 1912, Page 5

AUCKLAND SUPREME COURT.

SWANSON LAND SALE CASE.

FURTHER EVIDENCE HEARD.

The case in which Alary Caroline Worsell, through Newman Chennells, land agent, sued John Woods for specific performance of a, contract to sell a property at Swaiißon, and for £250 damages, was'contmued at the Supremo Court yesterday before Mr. Justice Edwards. Mr. Levien appeared for plaintiff, and Mr. J. R. Reed, K.C., with him Mr. J. Alexander, for the defendant. .

A nonsuit was applied for by Mr. Reed, who based his application on the following contentions :-r(l) That Chennells had a financial interest, unknown to the defendant, in the making of the contract; (2) that material facts which, if known, would have been likely to operate on defendant's judgment, were concealed by Chennells; and (3) that it had'hot been proved that the plaintiff had been, or was now, in a position to carry out the terms of the contract, or that she even knew anything about it. The "nonsuit point was reserved and evidence for the defence was proceeded with.

John Woods, the defendant, deposed that he. placed the property in question in the hands of Chennells for Bale.' Subsequently the latter said that a Mr. Beeves wanted to purchase the land, and it was arranged that the sale should be effected at £550 net. When the agreement was to bo signed Chennells said that it did hot matter about defendant reading it, as he, Chennells, would read it aloud. During the reading Chennells said that Mr. Reeves was going to put the property in the name of his sister. Witness was .posiiivo that, although it now appeared in the agreement, nothing about the vendor paying commission had been read out. He added that had he known the real position of affairs as regards Miss Worsell and Chennells, and had ho known about a decision on the part of the Government to improve the railway service, he would not have signed the "contract. At a later date the suspicions of the defendant were aroused, and lie went to sec Chennells. The latter eventually told him that the purchaser was Miss Worsell, who, Chennells maintained, was in Auckland , and could be found by addressing a letter , to the Post Office.

Robert Stables, journalist/ gave evidence that on the day on which the contract was signed—and apparently before the actual signature was attached—the Minister for Railways (Hon. W. H. Herries) announced that the train service to Swanson would be improved. Ernest Arthur Bunkall, solicitor in the employment of Mr. John Alexander, stated that he had interviewed Chennells with regard to the transaction, and had been informed by the latter that Miss Worsell was in Auckland.

His Honor reserved his decision.

TRAM SMASH SEQUEL.

WHO SHALL PAY THE DAMAGE^? Legal argument was heard before Mr. Justice Edwards in connection with the case of J. A. Sneddon v. tho Auckland Electric Tramways Company, Limited, and W. S. Laurie and Co., in which the jury recently awarded plaintiff £390 damages for injuries received as the result of a tram accident. Mr. M. G. McGregor appeared for the plaintiff, Dr. TJamford for Laurie and Co., and Mr. J. R. Reed, K.C., and with him Mr. Mopro, for the Tramways Company. Mr. McGregor moved for judgment against both defendants, or, in the event of His Honor holding that he Was not entitled to this, for judgment against. W. S. Laurie and Co. Further, should he not bo entitled to judgment against the latter i he ashed for judgment against' the Auckland Electric Tramways Company. ! His Honor reserved his decision.