HOTEL DEAL DISPUTE.

New Zealand Herald, Volume LXIV, Issue 19659, 10 June 1927, Page 14

HOTEL DEAL DISPUTE.

PURCHASE NOT COMPLETED. SIZE OF PREMISES IN QUESTION. STRONG COMMENT BY JUDGE. [Br TELEGRAPH. —OWN CORRESPONDENT. ] WELLINGTON. Thursday. An action in which the Chief Justice, Sir Charles Skerrett, figured as one of the plaintiffs, came before Mr. Justice Alpers in the Supreme Court to-day, when a claim was heard for specific performance of a contract involving the purchase of the Trocadero Hotel on Lambton Quay. The dispute centred around the number of storeys the premises contained. Ilis Honor remarked at the commencement of the case that it seemed odd for a man to buy a fivestorey building and then find that the building was one storey short. Plaintiffs were the public trustee, as sole executor under the wills of Hamilton Gilmer and Allen Maguiro; and Sir Charles Perrin Skerrett, Mary Ann MeArdle, and John O'Kane, as executors and trustees under the will of Owen McArdle. Defendant was Robert Duncan Benjamin, builder, of Christchureh. The chief point, round which the case centred, was the definition of a storey. The building in question had four storeys, with an elevation to Lambton Quay and a roofed-in portion above the fourth storey, but the front elevation, of which was not vertical with the other storeys fronting the quay. For plaintiffs it was stated that by an agreement dated February 15, 1927, defendant contracted to buy from them the freehold property known as the Trocadero Hotel for £40,000. Plaintiffs had applied to defendant specifically to perform the agreement, but it was alleged that he had not done so, and by his failure plaintiffs had been caused serious loss and expense, and further, had incurred a liability of £750 to Leonard Leigh Hunt for commission in respect of the sale. Plaintiffs asked the Court to order defendant specifically to perform the agreement, or alternatively, they sought judgment for £ISOO as general damages and £750 special damages. For the defence it was clairted that the Trocadero had been represented to ba a five-storey building, and that in addition to the ground floor there were four floors, each with a gross area of 4600 square feet; also, that the first, second, third and fourth floors had available letting space of 5459 square feet, after reasonable deductions had been made for stairs, partitions, lifts and walls. Defendant contended that such representations were false, and that the hotel was only a four-storey building, having only three floors in addition to a ground floor, and certain rooms above which did not constitute a storey. His Honor stated that defendant was described aa,, a builder, and it seemed an .extraordinary thing that he did not satisfy himself as to the state of the premises by an inspection. If defendant had looked up at the front of the building from the quay he would have said, "What's this? Only four storeys," and gone away to Mr. Hunt's office, and there would not have been this trouble. As a builder he behaved in a most extraordinary way. But his conduct did not affect his rights in this case one iota. The world was full of foolish people, who did these extraordinary things, and if it was not for them the Courts would not be so busy. Herbert Francis Swan, architect, of Wellington, stated that on the fifth floor there were 21 bedrooms, a bathroom, three lavatories, corridors, a lift and landings. Ho would certainly call it a floor, and the hotel a building of five storeys. Further hoarmg of the case was adjourned until this morning.