SUPREME COURT.

Dominion, Volume 6, Issue 1604, 22 November 1912, Page 9

SUPREME COURT.

DISPUTE OVER A LAND SALE. —' A FENCING COVENANT.- . A claim for specific performance of an agreement to purchase land wm heard in. tho Supremo Court yesterday before tho Chief Justice (Sir Robert Stout). The plaintiff in tho action was John Meikle, farmer, of Te Aroha, and the defendant was Sills John Gibbons, farmer, of Wellington. Mr. A. W. Blair appeared for Meilcle, while Sir John Findlay, K.C., with Mr. D. M. Findlay," appeared for Gibbons. In tho statement of claim it was submitted that Meikle was the owner of 712 acres of land in the Tapapa Survey District, Auckland, On April 19, 1912, Gibbons entered into ail agreement' tb' buy tho property at J!9 las. per acre, delivery to be taken iii August last. Gibbons subsequently refused to. complete the purchose though Meikle was willing to transfer to him in terms of the agreement. Meikle now asked that Gibbons should bo ordered to specifically perform the agreement and to pay tho amount required to complete tho purchase, together with interest thereon. Meikle also claimed damages in respect of the delay that had taken place. By way of dofence, Gibbons said that the agreement was made subject to a formal transfer and mortgage being drawn, and this condition had not been fulfilled. The transfer that had been submitted contained a covenant that the transferor should not bs liable for any part of the costs of erecting or maintaining dividing fences between the land in question, and the adjoining land of the .Bank, of New Zealand. This' fencing covenant was (it was contended) an unusual term in' tho transfer. Further, Gibbons submitted that Meikle had violated: one of tlie conditions of tho agreement by overstocking the land between the date of the agreement and tho date when Gibbons should take possession. Gibbous counterclaimed for the sum of .6100 damages, and for tho return of his deposit of. .£2OO. v . Evidence in the case is fairly lengthy, and healing had not -concluded yesterday afternoon, when the Court adjourned uutil this morning.