A DISPUTED PARTNERSHIP

New Zealand Times, Volume XXXVII, Issue 8609, 20 December 1913, Page 8

A DISPUTED PARTNERSHIP

CLAIM FOB SPECIFIC PERFORMANCE. His Honour the Chief Justice (Sir Robert Stout) at the Supremo Court yesterday mommg, heard'the case of Joseph Denholm Robertson, clerk, of Wellington, v. Sir Kenneth Douglas solicitor, of Wellington, and George Luke and Thomas Cooper, builders, of Wellington, a suit for specific performance of a sale of land. A disputed ■partnership was involved in the case. Mr A. W. Blair appeared for the plaintiff, and Air T. W. Neave for Sir Kenneth Douglas. The other defendants did not defend the claim. The circumstances of the case were stated to be that Luke and Cooper sold a section of land to Robertson for £685. Robertson paid £585 to Luke and Cooper, and asked for a transfer of the land. It was then found that there was a mortgage on the land, given by Luke and Cooper to Lady Douglas (an aunt of Sir Kenneth Douglas). On this mortgage a sum of £250 was owing, and Luke and Cooper were unable to find the money to release that mortgage. Plaintiff now claimed that Sir Kenneth Douglas was a partner with ‘ Luke and Cooper in the land Sold by them to him and that as such partner he was liable to discharge the mortgage to Lady Douglas and give a clear title to the plaintiff. Sir Kenneth Douglas, in his defence, denied the existence of any partnership between himself and Messrs Luke and Cooper, and stated that they were the absolute owners of the land, any interest of his having ceased on a sale of the same piece of land to a Mrs Wakelin, which sale had been rescinded by Luke and Cooper before the contract was made by them with the plaintiff. After the hearing of a portion of the evidence, the case was adjourned till 9.30 a.m. to-day.