LAW REPORTS

Dominion, Volume 8, Issue 2564, 11 September 1915, Page 14

LAW REPORTS

SUPREME COURT

QUESTIONS OP LAW

Special questions of law—preliminary to tho civil action, Richardson, M'Cabe and Company v. the Wellington Oity Corporation —were argued in the Supreme Court yesterday before His Honour the Chief Justico (Sir Robert Stout). Mr. C. P. Skerrett, K.C., with him Mr. T. Young, appeared for Richardson, M'Cabo and Company, while Mr. A. Gray, K.C., with'him the City Solicitor (Mr. J. 0 Shea), appeared for the Corporation. In the course of his opening remarks Mr. Skerrett explained that the plaintiffs were importers and not manufacturers of goods. They had tendered for the sale and delivery of three _ 'fillingStevens motor buses to, tho City Corporation, at a price of £3945, and'the action had'been brought to recover the price of the buses, or, alternatively, damages for the non-acceptance of tlio buses. The real object of the present proceedings was to determine whether the Corporation was entitled to repudiate tho contract. The ground of repudiation was misrepresentation, wid the defendant Corporation had counter-claimed for damages on the ground that -the representations were fraudulent. _ Proceeding, counsel said that the plaintiffs (Richardson, M'Cabe and Company) had rendered on February 5, 1914, for tho supply and delivery of the buses, and the tender was accepted by letter of the Town Clerk under seal of the Corporation on April G, 1914. The alleged misrepresentations had been made after this date, and before the drawing np of the formal contract of June 9, 1914. The question to be determined was whether, on April 6, 1914, there was a concluded contract binding both Richardson, M'Cabe and Company and the Wellington City Corporation. If there was such a contract, it was clear that the alleged misrepresentation could not have induced tho formal contract of June 9, 1914. The case had not concluded last evening, and tho further hearing was adjourned until 2 o'clock on Tuesday afternoon.

; OAVEAT TO BE REMOVED. In the Supreme Court yesterday morning His Honour Mr. Justice Hosking ordered, the removal' forthwith of the caveat lodged ill connection with the sale of a block of Native land situate in the Wairarapa district and known as Hinana No. 4. The transfer of the land from Hoano Paraone Tunuiarangi (original 1 proprietor) to Mary Isabella Strang (purchaser) had been, confirmed, but, before the seal of the Land Board was affixed, a cavoat had been lodged by Takana Kingi. Mr. D. R. Hoggard appeared yesterday for the vendor and purchaser, while Mr. H. L. Maehell appeared for the caveator. ■ Cost, 'five guineas, wcto allowed tho registered proprietor.