ALLEGED SALE CONTRACT

Taranaki Daily News, 6 December 1929, Page 9

ALLEGED SALE CONTRACT

BALCLUTHA NEWSPAPER CASE.

By Telegraph—Press Association

Dunedin, Last Night.

After a hearing which lasted for three days a conclusion was reached in the Supreme Court, before Mr. Justice Kennedy, ,to-day in a case in which William Twaddle, as representative of a syndicate, proceeded against Albert Eden Bussell, Robert James Millis and James Radcliffe McNaughton, proprietors of the Clutha Leader newspaper, Balclutha, for specific performance of an alleged contract to sell the newspaper. Before the business was sold by auction conditions of sale were drawn up, one clause providing that the partners should sign a deed of covenant that they would not compete within a radius of 25 miles for 10 years.

Prior to the auction, McNaughton declined to sign the deed and the auctioneer made this known at the sale. There was a belief at the time of the sale that McNaughton could be compelled to sign, but this later proved to be unfounded.

Plaintiff’s principal claim was that the business was sold minus McNaughton’s signature to the deed, but the defendants claimed that as McNaughton had refused to sign there had never been a completed contract. Judgment was reserved.