PROPERTY DISPUTE.

New Zealand Herald, Volume LIX, Issue 18225, 19 October 1922, Page 5

PROPERTY DISPUTE.

! AGREEMENT RESCINDED. I ; SUPREME COURT JUDGMENT. Judgment in the case Laura. Frarteis Martin, of Norihcoto (Mr. McVeagh), v. George Jam<>s Finch, of Xorthcotc (Mr. Inder), a claim to have rescinded an agreement in respect of tit® sa l a o£ a house to the defendant "was delivered in, the Supreme Court yesterday tiv Mr, Justice Herd-man. At th<s hearing it was contended for plaintiff that £100 paid a* deposit when the agreement was entered into shouid be forfeited bT defendant, and aiso that an additional 4-1150 paid off the purchase money should iremain the property of plaintiff. The plaintiff also sought such further amount as the Court might decide hy way of compensation for deterioration of the premises and loss of profits. For the defence it was admitted tliftt plaintiff was entitled to retain the £100. but it was contended that fids should he taken into account in fixing compensation, and that defendant should have returned to him the balance of the £150 .after all claims had been satisfied.TTh 7! h 7 His Honor made an order rescifidintf the agreement, and declared that plaintiff was entitled t/> retain the deposit and also £20 l&s, including damages to the interior of the house, and 30s a week for the use?, of the house from July, 1921, to the date of the judgment, and coats. Judgment, was entered! for defendant- for the balance of the £150, with £21 costs and disbursements.