CIVIL SITTINGS.

Otago Daily Times, Issue 7160, 27 January 1885, Page 4

CIVIL SITTINGS.

(Before his Honor Mr Justice Williams.) HDTOHINSON V. LEOKIE. His Honor delivered the following judgment in tbe above case:—"If a person of fuil age and of competent understanding, not weakened by disease or rendered incapable through liquor, signs his name to a document embodying a contract, the strong presumption is that he was aware of the contents of the contents of that document, und intended to bind himself by it. In the present vase I find no sufficient evidence to rebut this presumption, nor do I think there is sufficient evidence to establish the existence of any fiduciary relation of the plaintiff towards the defendant bo as to disentitle the defendaat to become a purchaser. In the absence of such relation there waa clearly no duty on the plaintiff to inform the defendant that he could raise £200 on the property. As things go, it by no meaus follows that because that amount could bo borrowed on it it would realise much more if put up for sale. It may be that the plaintiff h<vs got a good bargain, but there is no evidence he has made an unconscionable one. I ccc no roaßon why the contract Bhould not be enforced. Decree for specifio performanoe as prayed, and costa on lowest scale; disbursements and witnesses' expenses to be fixed by Registrar." DALE V. KINO. In this case his Honor gave judgment for plaintiff for possession, Is mesne profits, and costs on lowest scale, with disbursements and witnesses' expenses.