SUPREME COURT.

Dominion, Volume 5, Issue 1453, 30 May 1912, Page 3

SUPREME COURT.

A CASE FROM MASTERTON. ERROR IN A DEED. Defendant consented to judgment in a Masterton ease called in the, Supreme Court yesterday before Mr. Justice Cooper. The parties to the action were May Smith, widow, adminWratrix of the eclats of John Smith, deceased, plaintiff; and Eliza Ruth Everett, of 'Wellington, defendant. . Mr. A. I!. Bunny, of Masterton, appeared for May Smith, and Mr. A. Dunn for Eliza Ruth Everett. It appeared that in June, 1911, in a mortgage deed between the parties, a mistake of J.IOO was made in stating the principal sum. The action was to obtain rectification of this mistake. In consenting to judgment for the plaintilf, Mr. Dunn asked that costs be not allowed. His Honour, liowever, remarked that defendant had been given ample opportunity to rectify the mistake before coming to the Court. Under the circumstances costs would be allowed plaintiff on the lowest scale as for a hearing. ALLEGED BREACH OF CONTRACT. Legal argument was concluded in the Supreme Court before the Chief Justice (Sir Robert Stout) yesterday in the case of Walker and others v. the Wellington City Sinking F'und Commissioners for the loan for Tramways, Paving and Town Hall—a claim for .£IOB fl>. 7d. for alleged breach of contract. The case commenced on Tuesday, when evidence was heard. Particulars of the claim and the defence were published'in yesterday's issue. Mr. C. H. Treadwell appeared for the plaintiffs, and the City Solicitor (Mr. J. O'Shea) appeared for the Sinking Fund Commissioners. After hearing legal argument, his Honour reserved decision.