SUPREME COURT.

Otago Daily Times, Issue 14457, 25 February 1909, Page 2

SUPREME COURT.

crviL sirnxcs. WKfixramy, l'Kiiiu'.uir 24 (Before His Honour Mr William?.) VIISKI.V V. KKHI! A.N-1J M-CKI'EH. Llanu to re-ore-,- !h. sun, ~t £500 jnid on a conn-act, -.vitn uitor-;.st. Mi' U. Kt-id (Milton), with Mr A « Aoaiiis. ;,i,|,-,, w i ;„,. ~„, l;l . lill[i|f _ Mm Ui.*.y, of .Viiiion: Mr "W. (.'. ;\ii!. c .(!...„ oi . wnii Mr !■:, i!. iwi- ( ( ; ow)i 101 . lhp ",; iciitlaiils, U.;. w «e -Kerr, Ike of (iorj. stock agent, and William Milm-v m _lh;re, stoid; a;;xi;,|. The piaimiif claimed l 0 recover lis deposit ol £500 jKiid on his contract to.- the punh-e of land i„ t|-,e (hauia-district, on Hie ground thai the, dc;e;,danu w«.> im-ai.-le to make a good title lo Uk> land purchased, and I hat he rescinded the contract in consequence, and also thai while 500 antes pre sold to him ihe defendaws only ottered to convey 470 at;.;?. Tho contract was made on the 4th .September last, and was written out by the venders' agents in plaintiff's presence.

The defence was (1) (hat the plaintiff: was not entitled under his agreement to all upon the defendants to .-how a clear title until full payment of the purchase manzy and (?) that the aerobe was reduced bv subsequent agreement between the parties, 'lhe defendants also cl.ti'.ucd that the agreement should be recliliod, if necessary, to Pet this out clearly. By counter-claim the defendants claimed specific performance of the agreement amended as tliey alleged it should fcc. Evidence was given at considerable length in support of the plaintiff's case. Further heating will be given to the casa this morning.