LITIGATION ABOUT LAND.

New Zealand Herald, Volume LII, Issue 16013, 3 September 1915, Page 7

LITIGATION ABOUT LAND.

AN ALLEGED CONTRACT. AUCKLAND CASE IN WELIINGTON. [BY TELEGRAPH. PRESS ASSOCIATION.] Wellington, Thursday. Befosb Mr. Justice Hosking, in the Supreme Court to-day, Herbert Hingley and Leonard Guest, farmers, both of Auckland, sued Richard Keene, of Wellington, gentleman, for the specific performance of a contract to purchase a block of 1358 acres, known as the Monovale Estate, at Pukekura, Waikato. Mr. H. H. Ostler, Auckland, appeared for tie plaintiffs, and Mr. M. Myers, with him Mr. Beere, for the defendant. Mr. Ostler said that the contract to purchase was made on October 23, 1914, and was in effect, though not in form. a contract of exchange, the consideration for the property being £263 and the several parcels of land and the mortgage specified in tie schedule to the agreement. His clients claimed the completion of the contract and £150 special damages, or. in the alternative, £1000 damages, for breach of contract, and £150 special damages with, in both cases, the costs of the action.

The contract, continued counsel, was to be completed on November 30. On October 29 Messrs. Jackson and Russell wrote the defendants solicitors, Messrs. 0. and R. Beere. asking for particulars of the titles ot the defendant properties in question, so that they might search the titles. To this the defendants solicitors replied that they were unable to supply the information asked for, as they had received no instructions from the defendant on the matter. Messrs. Jackson and Russejl again wrote for particulars, but within three days of the date for the completion of the contract the defendants solicitors once more replied that they had received no instructions from Mm. He contended, therefore, that the fact that the purchase was not completed on the due date was wholly the fault of the defendant. The hearing- of evidence was not concluded when the Court adjourned.