SALE OF PROPERTY

New Zealand Times, Volume XLVI, Issue 10510, 11 February 1920, Page 7

SALE OF PROPERTY

ALLEGED MISREPRESENTATION. THE PLAINTIFF NONSUITED.', Alleged misrepresentation was the basis of a civil action by which Ernest James Scells", agent (Mr D. R. Richmond) sought to recover the sura of £2s—an amount paid as deposit in connection with the purchase of a property—from "William H. Bearman and his'■wife,'settlers (Mr T. Neave). The case was adjudicated upon by Mr W. G. Riddell, S.M., at the Magistrate's Court yesterday. . The statement of the claim sot forth, that the plaintiff, entered into an agreement with the defendants to purchase ■ a six-roomed house in Walter street, and in the treaty for the sale plaintiff alleged that defendants represented that the property was subject to a first-class mortgage for £<3oo at 6 per cent, with four years to run. A paragraph to this effect was included in the agreement. Plaintiff further alleged that the representation regarding the mortgage was made'vith. the intention of inducing the plaintiff to purchase the property. It subsequently transpired that the mortgage matured on February Ist, 1915, and, that the said representation was ia>e. In consequence, the. plaintiff • demanded the return of the deposit money. On behalf of the defendants, it was submitted that they were ignorant of the procedure regarding the sale of property, and that when Mrs Bearman saw the plaintiff and discussed the iratter, she was under the impression that the mortgage had four years to run. Stye 'had been, informed so for her agent. There was no case of misre-r presentation to answer. It wag further contended that tho court had no jurisdiction for the rescision of a. contract, and that the plaintiff,, who was an experienced land agent, should have examined the title, of the pro-! perty before agreeing t 0 buy. Hi's Worship commented on the fact that plaintiff failed to examine tha ■title of the property to ascertain tha tru© position. Tho court had no power to rescind a contract —it was a matter for tho Supremo Court. The plain/ tiff would (be nonsuited.