RESIDENT MAGISTRATE'S COURT

New Zealand Times, Volume XXIX, Issue 4265, 20 November 1874, Page 2

RESIDENT MAGISTRATE'S COURT

Thursday, November 19. (Before J. C. Crawford, Esq., R.M.) PROTECTION ORDER. The case of Elizabeth Dockray against her husband, praying the Court to grant her a protection order, was again called on. The petitioner did not appear, and his Worship adjourned the case till to-day. civil case. Pascoe and Co. v. W. N. Crowe—Claim £SO, for refusal to complete a contract. It appeared that negotiations had been entered into between the parties for the purchase of the lease of the Clarendon hotel and furniture, the stock to be taken at a valuation. It was represented to the defendant that the lease and premises belonged solely to the plaintiffs, but defendant afterwards ascertained that Vennell, Mills and Co. were owners of half the furniture. Upon ascertaining this fact he refused to complete the purchase; but if a satisfctory title were established he was still willing to pay the remainder of the money. Mr. Ollivier, who appeared on behalf of the defendant, contended that according to the lease under which plaintiffs held the premises, they could not perforin their part of the contract. It distinctly specified that the written consent of the owner must be obtained before plaintiffs were enabled to release, which was not done. Mr. Allan, for plaintiffs, quoted authority with the view of showing that defendant, having refused to fulfil his engagement, was entitled to forfeit his deposit. The owner of the hotel was in Court, and, he was instructed to state, was willing to grant permission to plaintiffs to release the premises to defendant. As soma delicate points were involved, his Worship adjourned the case for a week.