SALE OF NEWSPAPER LEADS TO LITIGATION.

Star (Christchurch), Issue 18937, 6 December 1929, Page 16

SALE OF NEWSPAPER LEADS TO LITIGATION.

Per Press Association. DUNEDIN, December 5. After a hearing which lasted for three days, a conclusion was reached in the Supreme Court before Mr Justice Kennedy to-day in the case in which William Twaddle, as representative of a syndicate, proceeded against Albert Eden Russell, Robert James Millis and James Radcliffe M’Xaughton. proprietors of the “ Clutha Leader ” newspaper, Balclutha,. for specific performance of an alleged contract to sell the newspaper. Before the business was so!d 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 twenty-five miles for ten years. Prior to the auction M’Naughton 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 M’Naughton could be compelled to sign, but this later proved to be ungrounded. Plaintiff’s principal claim was that the business was sold minus M’Xaugh-i ton’s signature to the deed, but the defendants claimed that, as M’Naughton had refused to sign, there had never been a completed contract. Judgment was reserved.