SUPREME COURT.

Dominion, Volume 7, Issue 2001, 7 March 1914, Page 8

SUPREME COURT.

■ CIVIL CASES: M .. (By Telegraph.—Special Cor-r'eSflonde.nt.S '. : '". Pa!ftierstqrif.M4r«h. 6.,. Justice'Edwartjs- 'has bceji-r- oecupjod' with a.claini-'ii.'which' tho' brt!>kru.|t estate of, 0... N. -Silleipiefe . a'pp-W----.'l'lio'plaiiittifs. were |%ry. Alice' .Sitson, widow,' of'Palmerstoii,,' 'and. the Official. Assignee in GillcspioVo's'tajtpL Dofeivdantwas a Beacohstietdiar-ntcr,-Fredcricte

William' Bisniar.ck, Plain tills*' -stfttemeiit

set'out tlia't ; Gillesp v i% , a.s Hrtr;rt«© for Mi's.' Silson, or',_altofnat ; elj%'oH U-is own behalf, .agreed with defoijctent regn;rd|iig a sale, of land'on tiro 'Manchester Bfgefc at' £3's'.por acre, subject; to varion's;,a»; ra'ngeiiients.eQnce-.r'fiirjg;. 'mortgage's loth' before,and aFtfr GfileS^ic-'s bankruptcy. After' Gillespie's .bankruptcy, .plaintiffs' intimated' readiness;, to ■ complete' the , transaction,,but'.defendant failed to respond. Plaintiffs therefore asked for aa ' order for specific'performance and £300 damages, or, 'alternatively, judgment for £1500. Defendant's statement alleged that, ho' was: induced, to sign the agree-: went'by wndiio iftftueneo ©sereised by Gillespie, and his employee, a land agent named. Victor' \ffltiainson v This had prevented him from consulting a ' solicitor. He further denied that Gillespio had acted as agent for Mrs. Silson, who, ho alleged!, Was ignorant of the.esisten.ee of an agreement till Gillespie absconded, and alteged that .they were Tillable to give n s-alid titleto the laud which W»s in possession af other occupiers. Gillespie's absconding; fuvtheruiorei was tiva abandonment n£ any agreement if it existed. As a fortier defence, Bismarck said that be had explained thab_ ho 'desired the land far graziug and dairying, and, therefore, required a good growth of grass, but the large flocks and herds of other occupiers ate out the grass awl rendered it useless for his purpose.- There were also discrepancies as to the time which, the various mortgages had, to run* and » tenancy agreement existed with ciio Frank Jary, which was not disclosed to defendant. After evidence, His Honour mado a decree for specific pcrforma.li.ee on terms to bo : settled bj? 'the parties or by a Judge in Cbimifcre with costs as on £500. Plaintiffs waived tho claim to

damages. A case concerning cofflpaasatba for tskiji" Imirl F" ■• itv'ivhicfe T(.. K. Bannister and .Smitli Bros.' are'concerned, has been, on tie application, of Mm. Kairanga County Council, referred to .the Court of Appeal. -: "• • ■ ■ . Mr. Justice Edwards made an order that executor's.acconnts-be taken hi ths

estate of the late Mr, Ilnddiek, of Wo'wlvillc.

611 tho application of Mr. 0. F. Ton Haast (for •plaintiff), the Court dismissed the action Fa.Hui«T v. Fatoiw ou terms agreed on, giving tho defendant, Eliza ■ Falkner, the estate for- life' aud full-power of testamentary disposition, with costs. ••