COURT OF APPEAL.

Dominion, Volume 4, Issue 1183, 19 July 1911, Page 5

COURT OF APPEAL.

FIRST STARTS ROUND AKAROA. THE LAND AND THE LAW. Tho Court of Appeal was occupied yesterday in hearing tho case of William I'idgeon, Henry Osborne Dovemsh Mcares, and James ilugh Williaws v. Irancis Naibey, a claim for specific performance in regard to a land deal at Akaroa. Jlr. T. W. Stringer, K.C., and Mr. Raymond appeared for plaintiffs; and Jlr. George Harper, Mr. Murphy, and Mr. K. Ilunt for tho defendant . The Bench was occupied by the L net Justice (Sir Itohert Stout), Sir Joshua Williams. Mr. Justice Denniston, ___ Mr. Justice Chapman, and Mr. Justice Sim. The case was first heard at Ohrisichurch, and, by consent, it was oideicd that tho motion for judgment bo removed to the Court of Appeal. _ The ca?e was considerably involved. Tho plaintiff, William Pidgeon, is a farmer at. Obain's Bay, Akaroa, and Hie other plaintiffs joined with him are solicitors at Christchurch. The defendant, Francis Narbey, also is an Akaroa settler, and the owner of tho land in dispute—tte Long Bay Estate, comprising 3700 acres. The defendant is one ol tho earliest Akaroa settlers, a Frenchman, and has held the property since the first settlement of the district. In June, 1910, according to the statement of claim, the defendant agreed to sell his Long Bay Estate to Messrs. Mcares and Williams for .£lO 10s. per acre, for the purposes of a small Farmers Association under the Act of 1909. Messrs. Moares and Williams floated the association successfully, and an agreement with tho defendant was cxcculod lor tho disposal of tho land, with the exception of 500 acres which were to be reserved tor tho defendant. After tho execution of the agreement the Land Purchase Board reported adversely on tho confirmation of the agreement, and the Small Farmers' Association could not then bo formed. Thereupon tho plaintiffs, Messrs. Mearos and Williams, sold the estate privately to William Pidgeon. A few days after

receiving notification of the sale, defeudant replied -Hint he dill not recogni-e any contract as existing relating to the sale of tho estate. The plaintillV, therefore, asked for specific performance of I lie agreement and that tlio plaintifi William I'idgeon ho awarded (lani:igrs', i:) ho asse-sod by Iho Court, for the loss occasioned thiouyii not being alile to stock the estate, and for further loss regarding various stock transactions that would have boon possible if ho had hold tho estate. Tho defendant denied that the agreement. was valid, because of the alleged failure to come t(> a settlement regarding the definition ami location of the Mil) acres to bo reserved. Jle also denied the right, of Meares and Williams to sell the land privately to Firlgcou. It ivas also urged that the agreement (if such csis'cd) was not completed within Hie specified period of fix months. The original conditions relating to the . selection'of the tivo hundred acres to be exempted from the sale also bore a prominent part in the defence. The case occupied the Court, all the morning, and in the afternoon an adjournment was made until this morning.