INTERESTING LAND SPECULATORS

Wanganui Herald, Volume XXXXIV, Issue 12748, 20 April 1909, Page 7

INTERESTING LAND SPECULATORS

Mr W. Kerr, S.M., this morning gave his reserved judgment in the case of E. Bergman (tailor) v. P. Wolfson (upholsterer), a claim for the recovery of i>l7 paid to the defendant by way of deposit *nd instalments on a section of land. Plaintiff alleged that in December last he agreed verbally with deefndant to purHiaß' 1 two sections at Aramoho, in the Walker estate, for .£IOO, the purchase money to be paid as follows: — ,£lO deposit and balance in instalments extending over five years, with interest at 5^ per nept. The plaintiff, in accordance witii the verbal agreement, paid the deposit and instalments totalline £7, till about the Ist March, when defendant refused to romolete the agreement of sale. In evidence at the hearing plaintiff said he was wiling to go on with the purchase. He stated that defendant went to Wellington to go hawking in December, and pn returning in February decided not to sro on hawking, and therefore fixed the price of the section at The payments were by plaintiff in February because •Wfeudant refused to give a written agreeTM.nt at ,£IOO, wliieh plaintiff hold wa<? named in the agreement, and not ,£l6l. Defendant stated in evidence that he paid €61 and ,£62 cash respectively for the sections, also £1 12s for clearing gorse. and ,£4 13s for conveyancing. Plaintiff approached witness to sell the land, which was increasing in value, and which he had advertised for sale at £80 and £85 respectively. He agreed to sell to plaintiff at £78 and £83, and drew up an agreement and copy, one signed by both parties, and stamped with a shilling stamp. The copy of the agreement produced in Court he declared to be a true copy, and stated that nlaintiff signed it when he paid the £10 deposit. Defendant stated that he met plaintiff in the street in February, when th" latter asked to be refunded £10 of the £17 payments made, as he did not want the land. Defendant -replied that th» land had gone down in value, and would *>ot a?re» to plaintiff I*,1 *, proposal to drop the purchase. Agreed to refund £8 if Bergman wonld "cry off," but he refused this amount. He could not show a singl* 1 instance in which land in the estate was »t an increased value in De'cembor. His Worship considered the copy of the alleged agreement produced could not be accepted, while plaintiff denied that it pver existed. The defendant's evidence was very unsatisfactory, and the copy -^uld r«t be considered a corroboration of Ms testimony. It was evident the sections had not increased in value in Defpraber. Defendant had offered the sections for sale at £40 more than they actually fost him. In so advertising the sections, ••he defendant's conduct, under the circumstances, his Worship considered to be unscrupulous. He considered that no direct agrement was really forthcoroing.^and quoted cases to show that where there was no contract, or no contract which could be "nforced; the purchaser was entitled to 'iave the deposit returned. Judgment was therefore given for plaintiff for the return ->f the £17.

PERSONAL

The mariage took place at Wellington, on the 14th inst., of Mr Stewart Austin, organist of Trinity Weslcyan Church, Wanganui, ajid Miss Nellie Frances Kiernan, of Wellington. The Rev. J. Gibson Smith officiated at the cercmoi'y. At the Wanganui Brewery last evening a very pleasant gathering of the employees took place, the occasion being the presentation of a dinner and tea service to Mr Alfred Gibbons, who is shortly to be married. Mr Frank Brewin made the presentation, a.nd in a neat little speech referred to the goqd feeling existing between the staff and Mr Alfred Gibbons. Mr Brewin then proposed the toast of "The Happy Couple," which was honoured amidst cheers. Mr Gibbons, in reply, thanked the employees for their present and for their good wishes, which he heartily reciprocated. The company, after spending a pleasant half hou* together, broke tip with the singing of "For He's a Jolly Good Fellow!" Tt is reported in Washington that Miss Ethel Roosevelt, eeoond daughter of Mr Roosevelt, who is eighteen years of_age, is engaged to be married to Mr William Phillips. Third Assistant Sccretarv pf State. The formal annoJinfeinont of tho engagement was expected to be made at Eafiter. Miss Roosevelt is aoi expert at music, and has no eoual among the voting ladies of Washington in driving, riding, and walking. Mr PMllirs. wl?o r e appointment to the State Department has been a recent one, is a vonnrr Bosloir'an. well known in sooi^t-" tV>ere. and wr>s crrnduatcd from Harvard University in -1900. He i 3 a '•lose friend of Tl'oor'n^ Poo^evp l *. inn. who- also, like his father, was a Harvard man.

Mr W. Kerr, S.M., heard a medium list of civil claims at the R.M.- Court to-day. None were defended. There was no criminal business before his Worship.

A change came over the weather conditions thi6 morning. Over the North Island they were fairly good, though somewhat overcast in the southern half. Tho reports from the South Island were diversified, the overhead conditions in tho northern portion being given as cloudy, blue with passing clouds, gloomy, and overcast, while Canterbury, Otago and Southland were all overcast. The glass there, which had yesterday returned to a high rosition, was down as low an 29.9 1 ' at the Bluff at 9 a.m. to-day, and to 29.99 at Dunedin, 30.10" at Christchurch, while it stood at 30.30 at Greymouth. 30.29 at Wellington, 30.32 Jooallv, 30.33 at flis borne, and 30.38 at Auckland.

The attention of our readers' is directed to an entertainment under the allspices of the local School, Committee. The Committeo have during the year incurred some expenses not of a' usual character, notably in engaging the services of a medical man to lecture to the Pixth Standard girls on the all-important , subject of health ; and it behoves the householder.s to see that they are supported in an undertaking so laudable. For the entertainment referred to, some of the best local talent has been secured, and our readers are. Advised to keep next Friday evening disengaged. The concert will be held in St. Paul's Hall, and the price of admission is one shilling, children hajf price. The programme will appear in our issue of Thursday.

Mention was -recently made in these columns, in reporting a case in the S.M. Court, that it was an offence against the borough by-laws for horse-tr"ainers to break . animals . into harness in the public streets. In the pase referred to the S.M. inflicted a substantial penalty and pointed out that the offence was an exceedingly dangerous one to the public. Yesterday, however, the sight was witnessed in one of the out-lying streets of the borough, when two men were to be seen lashing n horse — attached to a training brake — with a heavy whip, and also administering sundry kicks and knocks to the animal's belly and head. The horse, unrsed to its suY roundings and the harness, natnraily rlunged and circled about to the danger of traffic, and had to be held by the men while a vehicle occupied by three lades also some drays, passed by. Such a stati' if tMngs should,, as remarked from tiio Bench, not be allowed to continue, and 1 miners s'lould accustom their charges more to harness in their own enclosures V-efore venturing on the public roads witii them.

Ck»tl»es count for much. Sairey Oaroi herser would have looked neat in a P.D Corset, for in a P.D. the moat ord.narT »race seems exquisite, the simplest comeli aess is beautiful. Clothes look as thoug! they had grown, in perfect and inevitabl harmony with the woman. The P.D 4and« fir«t. No other riorsot am-i-nnoTipa if in consistent merit. All stores sell it.