LAW REPORTS

Dominion, Volume 9, Issue 2646, 17 December 1915, Page 11

LAW REPORTS

« SUPREME COURT ALLEGED BREACH OF CONTRACT CLAIM FOR DAMAGES In the Supreme Court yesterday afternoou, His Honour ill', justicc Hosking commenced the hearing of the civil action. Eiclinrdson, M'Cabe ai)<l Co. v. tho Wellington City Corporation, a claim for pver <£4:000 for alleged breach of contract in connection with the supply of motor buses. Mr.. T. Xoung appeared for the plaintiffs, while Mr. A. Gray, K.C.', with Mm the City Solicitor (Mr. J. O'Shea) appeared for the defendant Corporation. xho history of the case is fairly well known in consequence of preliminary law questions, which Teachcd the Court of Appeal. The plaintiffs are importers of goods, and on February 5, 1914, they tendered for the sale and delivery of three TillingStevens motor buses to the Corporation at a price of ,£3915. The 'tender was accepted under seal of the Corporation on April 6, 1914, and a formal contract was drawn up on June 9, 1914, but was afterwards repudiated on tlio ground of misrepresentation. The plaintiffs now claimed to hold: tlio Corporation to the contract, and to recover the sale price of .£3945,' together With a sum of .£57 for extras, and ,£l5O for deposit paid with interest thereon. By way_ of defence, the Corporation claims a right to repudiate the contract on the. ground- of misrepresentation, and on the ground that .the wheel bases, were not according to specification. Mr. Young finished his opening address shortly before 6 o'clock Inst evening. The. Court then adjourned until 10 o'clock this morning, when evidence will be called on the wheel-base question. A DECLARATION. His Honour Mr. Justice Chapman save reserved judgment in the ease in which he had been asked last month'to make a declaration of trust in regard to a house and section of land at Ngaio, part of the estate of a Civil Servant,-who died- intestate in Apul last. The parties to the ■ action _ were:—Jessie Annie Pearce, wife of Levi Pearce, carter, of Ngaio, plaintiff, and the Public Trustee, defendant. Sir John Findlay, K.C., with him Mr. D. E. Hoggard, appeared for Mrs. Pearoe, while Jfr, C. P. Skerrett, K.C., witfh him Mr. f- E. Kelly, appeared for the Public Trustee. . From the facts placed before the Court, it appeared that the plaintiff (Mrs. Pearce) and her' husband had been married some thirty-five years, but had been Uiving apart for some years past. Mrs. I Pearce had built a house upon a section ofland (33 perches) at Ngaio, and in this she and her children had been living. In January, 1912, she transferred the proporty to a son (Henry Alfred Pearce),_ iii order to protect it against any claim by her husband. The understanding- was that the house was to be held in trust for Mrs. Pearce and the five children. In April last, the sou (H. A. Pearco) died intestate'at the ago of thirty-two years, and the father by law became, possessed of the house and land, valued at .6700, and ■ a considerable sum of monoy, which the son had saved. Mrs. Pearco now brought the present proceedings to ask that the Court should declare the house and land to be held in trust for herself and family.. His' Honour'?, judgment was in the direction of making the declaration in favour of Mrs...Pearce and the family.