DISPUTE OVER SHED

New Zealand Herald, Volume LXXVII, Issue 23577, 10 February 1940, Page 14

DISPUTE OVER SHED

JUDGE UPHOLDS MAGISTRATE <. " • [from our own cob respondent] HAMILTON, Friday The decision of a magistrate in a dispute between two farmers over a shed, following an exchange of properties, was upheld by Mr. Justice Blair in the Supreme Court at Hamilton.' "to-day. ' * • ' The case was one in which James Cochrane Clelarld (Mr. T. J.' Fleming) appealed from a decision of Mr. S. L. Paterson, S.M., in the Hamilton Magistrate's Court, awarding £3° damages to the respondent, Edtfard Earle Vaile, farmer, of Rotorua (Mr.L. K Munro), against Cleland. On March 31, 1936, Vaile and Cleland entered into an agreement to exchange certain properties. On Cleland's land stood a shed which in July," 1937, was removed by a man named McLaren, who stated" it was his property. VaiK> proceeded against both Cleland and McLaren. ._ In a reserved judgment, Mr. Paterson decided that the shed was not a fixture and was the property of the defendant McLaren. However, the plaintiff, Vaile, had undoubtedly suffered a loss and, although no money had passed, Vaile, having given value, was entitled to his remedy. Judgment was entered for Vaile.

In dismissing the appeal, His Honoi said that there was no dispute thai Vaile was to have received the shed when the contract had been drawn up. Vaile, however, had paid Cleland for something which belonged to a third party. In His Honor's opinion, the magistrate had made the only decision possible.