REMUERA LAND DISPUTE.

New Zealand Herald, Volume LXI, Issue 18897, 20 December 1924, Page 13

REMUERA LAND DISPUTE.

QUESTION OF FRONTAGE. JUDGMENT FOR PLAINTIFF. Judgment was delivered yesterday by Mr. Justice Stringer in the Supreme Court in a dispute arising out of the safe of a Remucra property. Louisa Smith (Mr. Arnistead), married woman, of Penrose, sought tiie Court's confirmation of the rrc.issiou of a contract with Henry Whyte (Mr. lnder), and also claimed the return of £50, the deposit paid on a house and section in Rothesay Street, on the grounds of misrepresentation as to frontage and area of the section. Plaintiff alleged that it was represented that the property had a 55ft. frontage. His Honor said he did not. think plaintiff would have purchased the property it she had not believed the frontage was 55ft., and for that there was a good reason. Hisi Honor did not know whether. as he understood from Mr. Armstead, there was a regulation requiring a frontage of at least, 50ft. in the Kemuera district, but whether that was so or not the purchaser was under the impression that she could not build unless she had at least 50ft. frontage. His Honor had no doubt, Mint, in that belief, she would riot have purchased this particular property had .-.he not believed the represent a'i ions. Plaintiff, said the Judge, way entitled to rescind the contract, and to recover "Ter deposit. She was also entitled to something for the investigation of title, and. for that he would allow Lo 3s. I Judgment accordingly would ho for plain tin' for CM ss, with cost's as per scale.