SUPREME COURT.

Wanganui Chronicle, Volume LX, Issue 16824, 29 November 1916, Page 4

SUPREME COURT.

The Civil sittings of the Supreme Court opened yesterday before his Honour Mr Justice Edwards

MAUNGAITI v. BROWN

The first case taken was 'Maungaiti, Ltd. (of Wanganui) v. E. J. Brown, a claim for •, specific agreement in respect of the sale of certain lands near liotorua.

Mr C\ P. Brown appeared for the plaintiffs, and Mr C. Mutton for the defendant.

The statement of claim alleged that by an agreement in writing on July 19, 1916, the defendant agreed to buy from the plaintiffs a certain section in the Maungaiti Block, containing over 2000 acres, at 2 gns. per acre, upon certain terms agreed upon, and the transference, of a certain stock mortgage from P. Wotton to the defendant and balance on mortgage. It was further alleged that defendant had had notice tlrat such stock mortgage had not been given by P. Wotton to the defendant, but plaintiffs were willing to accept any satisfactory ■security in place of tJie stock mortgage, and the defendant had been notified of this. It was claimed that plaintiff had repeatedly applied to the defendant specifically topertorm the agreement on his part but he had not done so. The plaintiffs had been, and still were, ready to perform th« agreement The Court was asked to order defendant to specifically perform th e agreement, and to accept a transfer and possession of the property and to pay the costs of the action ( request was made that an inquiry lie ordered as to damages for breach of the said agreement. +W V he ff defeii. Ce Jt was contended tnat tha ofter to purchase was withfTtW ih Tt aac^ ce Ptance made and further that there was no memorandum in writing of the alleged con-

On the Court resuming yesterday afternoon, Mr Brown, for the plaintiff company, intimated that he did not propose proceeding further with the case Mis Honour accordingly gave judgment &£%?*&*' "m costs -^a

JACKSON v. KEYS

Judgment was given for plaintiff by default in the case F. R. Jackson and Sir 5 9 f T tlle a *mOlmt °f aCCOUnt current for advances and stock. Costs were allowed according to scale. Mr a, u % brodie appeared for the plaintiff company. '

IN DIVORCE

Sitting in Divorce in the afternoon, Mr Justace Edwards granted a decree xOx -be made absolute in three WfliS? "Vw Petition of Elizabeth Williams, of Wanganui, against her husband Warren Edward Williams. Costs were allowed on the- lowest scale. Mr A. I<. Hogg appeared for the petitioner and there was no appearance of respondent.

ANDREW v. MUIR,

In the case Laurence Andrews (Mr Brown) y A. G. Muir (Mr Button), it was alleged that defendant, by an agreement, contracted to sell to plaintiff certain land at Wanganui East, for £680, and that the defendant had refused to execute a transfer of the said land. Plaintiff asked'that the defendant b e ordered to specifically perform the said agreement.

Aftar evidence of the plaintiff had been taken, the prosecuting counsel called S. E. Read, land agent, who was being examined when the Court rose, and further hearing of the case was adjourned until 10 o'clock this morning.