EXCHANGE OF PROPERTIES.

New Zealand Herald, Volume LV, Issue 16926, 12 August 1918, Page 3

EXCHANGE OF PROPERTIES.

ACTION UNDER AGREEMENT. An action in connection with an exchange of properties was heard before Mr. Justice Stringer in the Supreme Court, on Saturday. Hubert Hingley, ' settler (Mr. Richmond), • proceeded against . Julia Hannah Crook, wife of F. E. Crook, of Devonport (Mr. Anderson), who has" a separate estate, claiming £300 for nonfulfilment of an alleged agreement. Plaintiff churned that part of tho consideration for tho exchange was on agreement to transfer 300 fully paid-up £1 shares in .a company then about to he formed to exploit a window invention, of which aefen. dant hold the patent rights, or in alternative pa> £300 in cash. The defence set up was that a condition of the agreement was that Messrs. Baslcy and Hanna should give "a sufficient undertaking" to form tho company within time months, and that that undertaking had not been carried out. As plaintiff had » legal remedy against Messrs. Bosley and Hanna for not forming the company it was contended that the present- action could not lio unless it could bo shown that the first remedy had failed. His Honor held that no answer to tho claim had been shown. Judgment was given for the plaintiff for £300. subject to tho plaintiff assigning to the defendant any rights he might possess under the undertaking that the company should be formed.