SPECIFIC PERFORMANCE

New Zealand Times, Volume L, Issue 11655, 20 October 1923, Page 6

SPECIFIC PERFORMANCE

PURCHASE OF FARM. PLAINTIFF SECURES'JUDGMENT. Mr Justice AlacGregor has delivered his judgment, with reference to a claim for specific performance in connection with the sale and purchase of a farming property in the King Gouutry. The plaintiff in this action, Airs Rosann Butler, claimed specific performance of an agreement dated March 21st, 1023, for the sale i*nd purchase of a piece of leasehold laisd near Raotihi. Tho plaintiff was tho vendor and Faio Stuckey was the purchaser. Tho price fixed was £2286, of which the contract provided that £786 should be paid on April Ist, 1923. when possesSion was to be given ana taken. The plaintiff is the wife of Ewen Butler, sheepfarraer. He and bfin wife occupied the property in question since 1909, when they took up the land, a Maori lease, in Aire Butler’s name, along with an adjoining lease in Air Butler’s name. The two leaseholds were worked as one holding. Tho house and woolshcd are on Mr Butler’s leasehold, and the dip on Mrs Buller’a. The defendant, Ehc. Stuckey, is a elieepfarmer residing near Feilding, who duly signed, but has» now refused to oanry out the agrecmesit. The original ground cm which the defendant resisted specific performance was that lie had already by written notice rescinded the cosfitract on account of the plaintiff’s delay in completion. After reviewing tho cncse at length, His Honour said: “For tho foregoing reasons I hold that on no one or the grounds urged by the detfendant can I refuse to enforce specific performance of this contract. Judg/ment will accordingly be for the plaintiff for specific performance as pray»ed, with costs on the middle soale, as on a claim for £SOO, £lO 10s for second day of trial end £4 4s for affidavit of documents. Disbursements and witnesses’ expenses to be settled by the Registrar. Leave to apply generally is reserved.” Air H. F. Johnston appeared for the plaintiff, and Sir John Jpindlay, K.C., with Air J. Graham for the defendant.