Court Action Over Sale Of Hotel

Chronicle (Levin), 9 June 1949, Page 9

Court Action Over Sale Of Hotel

WELLINGTON, June 8. A eivil claim involving the Grand Hotel, Palmerston North, was concluded before Mr. Justiee Hutehison in the Supreme Court, Wellington, itoday. Pl'aintiff in the action alleged repudiation by defendant or a contract to buy the hotel with chattels at"- £37,500. The statement of claim sought the Court to rule that the contract bp performed with £100 speeial damages or, alternatively, the payment by defendant of £11,350 general damages and £200 speeial damages. Anthony Marcus Kingsbeer (Mr. T. P. Cleary) lessee of the hotel property, was plaintiff. Defendant was Gilbert Balston Clark (Mr. I. H. Macarthur), Wellington public accountant. The Judge reserved decision on legal matters but gave an oral judgment' on the facts. He found that defendant had exercised an option to buy the freehold seetion of the property subject to the price being approved by the then constituted Land Saies Court. The price was approved by the Land Saies Court but defendant 's solicitor had then advised that defendant was unable to complete the purchase. The Judge discussed the evidence concerning defendant 's surprise that the Land Saies Court had approved the sale at £37,500 and his intimation that the proposed company being formed to buy the hotel could pay a maximum of oiifiry £28,000. There was, the Judge said, a prima facie case for plaintiff. Dealing with the defence, the Judge held against defendant on all allegations of misrepresentation.