REFUSED TO SIGN.

Dominion, Volume 5, Issue 1518, 14 August 1912, Page 2

REFUSED TO SIGN.

AN UNCOMPLETED LAND DEAL. SUPREME COURT ACTION. (By Telegraph.—Press Association.) Auckland, August 13. J he story of a land deal that was never completed was told before the Chief Justiro (Sir Robert Stout) at tho Supremo Court to-day, when the action, Clias. A. deal v. Margaret Begbie,^claim for an order for specific., performance in regard to two sccfions of land for which claimant was negotiating with defendant, was heard. Mr. ,f. 11. Campbell appeared o:i behaif of claimant. f:lrmf ' r > of iI'ul;e!;o!ie, stated that he was the son of defendant, «110 was /9 years of age. Witness's age was a 9 years. Uis m-flitr was the owner of Sections G7, OS, ami f.O, in Wilson Vi C 'i il '"' t,r hynn, of -- perches each. Ahont tho end of Jaiuiarv, at his mother's request, witness and h'is. wife searched nor house for I lie deed of tho proper! v, winch they found. She handed it to wit--riess, and asked him to sell the property to the best advantage p:>sib'.p, and remove her furniture to J'nkekohe; Witness had arranged for the sale of two of the sections to Mr. deal for .tlilU), and acting on his mother's behalf he signed an agreement, His. mother Juid since, however, made. Tip her mind not. trr .sign the memorandum of mortgage, and nothing could induce her to do so. altlmigh she had previously shied that she was quite satisfied with what witness had done. Charles A. Clca.l, carrier and coal merchant, gave evidence that he had signed nil agreement (produced) to purchase the property, and had paid a deposit. AVilliain Thorne, solicitor, described .Mrs. liegbie as "a hale old Scotch lady." He had, lie said, interviewed her. and explained to her that she was likely t'n get into serious trouble if she did' not sign tho documents. She firmlv deolirx'd to d-o so. She stated that, part of Ihe arrangement was that with the proceeds of the sale her .son was to repair oae of the properties and was to build her- a little home, at l'uketalie. He had not 1 built tho cottage, and so she declined to sign the documents. She said that, she would have nothing to do with the imm?y, and her son could do what he liked with if. It wns explained to her that the soii could not get. the money without' hor sisnature, but she. replied" that (die did not care about that.' A .week later witness again saw Mrs. Begbie, but she still declined t« sign. His Honour remarked that as far as he could seethe principal difficulty was that th old ladyhad not authorised a sale, upon a conditional mortgage, and it was hardly right that she should 'bo committed to. a contract which she knew nothing about. Ho would adjourn the cuso until Tuesday. A claim of « similar nature was mado by Chas. James Craig, of Grey Lynn, for nil order for specific performance of a similar transaction in regard to tho remaining section. This had been s:ld for £ISO by the son, and the .necessary papers prepared, but Mrs. Begbie had refused'to sign those. His Honour said he would also adjourn this case until Tuesday. . r