SUPREME COURT.

Dominion, Volume 2, Issue 453, 11 March 1909, Page 7

SUPREME COURT.

YESTERDAY'S PROCEEDINGS,

\ QUESTION OF CONTRACT.

Argument with regard to tho case Alfred «£?- GSS ' r- evk ' Wellington (appellant), v. William Lingard and Co., land and estate agents, and tho Diamond* Sign Company, Ltd. (respondents) was heard by Mr. Justice Denniston yesterday. Mr. Bunny appeared" on behalf of appellant; Mr. Gray* for respondents, Lingard and Co.; and Mr.. Von Haast for respondents, tho Diamond Sign Company. The caso was an appeal from a decision given by Dr. M'Arthurf S.M. The facts were that Wyness deposited £50 with Lingard and Co. in respect of a proposal that ho should invest £200. in the Diamond Sign Company, and should be engaged by the company as manager. Wyness signed a letter applying for tho position of manager on conditions set out in a documeilt which was endorsed on tho letter. It'was a condition in the arrangement that a proper agreement should be drawn up by the company's solicitors. - Subsequently a great deal of correspondence took place in regard to tho terms of the engagement, and tho conditions of the proposed agreement, but before anything further was concluded, Wyness withdrew his offer, but the Diamond Sign Company declined to recognise his right to withdraw, and purported to ratify the action of Lingard and Co. in making the alleged agreement. Dr. M'Arthur held that thero was no misrepresentation on the part of Lingard and Co.; that there was a concluded contract between the parties; that Wyness was bound thereby, and that his money was forfeited to the company. Ho therefore gave judgment for tho present respondents. An appeal was now brought on the' grounds (3) that there was no evidence of contract and (2) that if there was such a contract it was based upon misrepresentation. Having heard argument at length, his Honour said that'ho would prefer" to put his views in writing, and would therefore reserve his decision. ••