A LAND TRANSACTION.

Taranaki Herald, Volume LXVIII, Issue 16822, 21 August 1920, Page 3

A LAND TRANSACTION.

CLAIM FOR RETURN OF DEPOSIT. In tho Supremo Court on Thursday evening a case was heard before his Honour Mr. Justice Salmond, in which Alexander Munro (Mr. P. O’Dea), farmer, of Hawera, claimed from Peter Theodore Petterson (Mr. T. Neavo, AVellington), late of Feilding, now of Inglewood, the sum of £317, being a deposit on the sale of a lease-in-perpetuity, consent to tho transfer of which had been refused by tho Taranaki Land Board. Tlte statement of claim set out that plaintiff purchased the land in question through Smith and Easton, auctioneers. Hawera, and a deposit of £317 was paid to defendnt. In May, 1920, application was made to the Taranaki Land Board for consent to the transfer of the lease from defendant to plaintiff. The board refused the transfer and plaintiff applied for a refund of the deposit, which had been refused.

Evidence was given by the Ckown Lands Commissioner (Mr. G. H. Bullard), J. C. Smith, of Smith and Easton, auctioneers, and by tho plaintiff. Mr ; O’Dea submitted that as the consent of tho Land Board had not been obtained there was no valid sale that could be completed. Mr. Neave submitted that the conditions wore that it was for the plaintiff to secure tho consent of the Land Board, and whether he got that or not he must forfeit the deposit if he failed to complete tho deal, .

After hearing legal argument his Honour reserved his decision.