TITLE TO PROPERTY.

New Zealand Herald, Volume LVIII, Issue 17662, 24 December 1920, Page 8

TITLE TO PROPERTY.

QUESTION OF PARTNERSHIP. SUPREME COURT DECISION. A declaratory judgment in respect to an agreement dated 1918, concerning a farm property at Waipu, was delivered at the Supreme Court yesterday by Mr. Justice Cooper. The parties to the agreement were two sisters, Elizabeth Anne McKenzie and Anna Bella McKenzie, on the one part, and their brother, John McKenzie, insurance agent, on the other part. The sisters, who were the plaintiffs, contended that the agreement was merely a contract of employment, but the defendant claimed that there was a partner - ship. -t-he Judge held that the agreement constituted a partnership. It could be lawfully determined by the plaintiffs if they established that the defendant had committed a breach of a clause relating to the giving of all his time to the business The plaintiffs could not sell the lands mentioned in the agreement without the concurrence of the defendant if the provisions of the contract were faithfully performed by the latter. It had been agreed that the defendant was not entitled before the expiration of 10 years to any transfer or assurance of the property. The question of costs was deferred.