SUPREME COURT.

Dominion, Volume 4, Issue 1168, 1 July 1911, Page 19

SUPREME COURT.

ABOUT THE FORESTERS' HALL. ALLEGED SALE CONTRACT. Yesterday his Honour Sir Joshua Williams heard a.claim for specific performance in respect of the alleged purchaseof the Foresters' Hall,' Tory Street, Wellington. The plaintiff was 'David Morris Owens, builder, and W. .11. Stewart, land agent, and Beatrice A. l'innock, wifo of George I'innocli, hotel manager, defendants. Mr. A. Dunn appeared for the plaintiff, and Mr. Oswald Beero for the defendants. Plaintiff deposed that in August, 1910, ho entered into a contract with Stewart for the snlo of plaintiff's property, known as the Foresters' flail, in Tory Street, VVelliiigtnn, for ,£3500, and Stewart entered into the contract.as agent for Beatrice l'innock. Plaintiff made several alterations, intending to turn the building into a theatre, but the defendants refused to complete the contract and carry out their portion of the alteration's of the building. Plaintiff claimed a decree for the specific performance of the contract and the sum of ,£505 damages. In her defence ' Beatrice Finnock said sho had never authorised Stewart or any other person to enter into any contract with the plaintiff, and denied that he did so. If such a contract was made by him, it did not comply with Section 4 of tho Statute of Frauds, as there was no memorandum in writing, and it was unenforceable. No one took • possession of tho premises on her behalf. She denied that plaintiff could have performed his part of tho contract, and said he had never brought it under her notice or asked her to perform it. Tho defendant Stewart also denied entering into any contract with plaintiff in writing, and said that no pontract -was ever concluded. In these negotiations he was not acting as agent for Beatrice Pinnock, and he had no authority to act as her agent. Keither. he nor his codefendants, were given possession. If alterations were made, it .was not by contract with cither cf them. In a counter-claim, Stewart said that while negotiating with plaintiff he had paid ..£l5O 15s. to plaintiff, who undertook to return it if no contract for purchase were completed. Plaintiff had not repaid tho money. After occupying the whole day, the case was adjourned until this morning at 10.30 o'clock. SIX PRISONERS. TO BE SENTENCED TO-DAY. This morning, at .10 o'clock, the following prisoners will como before his Honour Mr. Justice Sim.for sentence:—William. Stanley Wesle.v, forgery and uttering; Patrick Connolly and William Henry Cattermole, theft from a ship; William O'Brien, theft from a dwelling; Leslie Ryan, forgery and uttering (three charges); John Bradley, breaking and entering and theft.