MAGISTRATES' COURTS.

Press, Volume LX, Issue 11483, 16 January 1903, Page 2

MAGISTRATES' COURTS.

m ASHBURTON. (Before Mr 0. A. Wray, S.M.) CIVIL CASE. Dora Cairncross v Jas. Gudseil, claam £35. Mr Donnelly for plaintiff ;Mr Purnell for defendant. This was a claim arising out ol a dispute over the sale of a house and section at Tinwald from defendant to plaintiff for £65, and which amount had been paid in two sums of £50 in June last, and £15 in September. Evidence was given by plaintiff that she had paid certain sums to defendant, and as she wanted to go away to the North Island, asked for a settlement. She understood that the amount of the purchase was £65. Defendant stated that £95 was the price agreed' upon, and there was no understanding that £65 was to cover the purchase. I'ne Magistrate, in giving judgment, remarked on the peculiarities surrounding the case, and held that it would have been more satisfactory had the actual amount agreed upon been borne out in evidence. As it was, one stated one thing, and tho other another. In equity ho considered the plaintiff was entitled to the £35, less £4 4s rent and £1 12s contra account, leaving £29 4s for which judgment was given, with costs.