COURT OF APPEAL

Dominion, Volume 12, Issue 9, 5 October 1918, Page 10

COURT OF APPEAL

LAND TRANSACTION

SPECIFIC PERFORMANCE

Yesterday the Court of Appeal delivered reserved judgment in the Canterbury land case of iloburt John Corbett and Samuel Ccrbett, as executors of tha will of the late John Corbett, against George Thomas Jones.

On the bench were His Honour the Chief Justice (Sir Robert Stout), His Honour Mr. Justice Cooper, His Honour Mr. Justice Chapman, and His Honour Mr. Justice Sim.

The case was one in which the respondent agreed to take over the appellant's interest in a farm of 918 acres in the County of Ashburton. He did so and subsequently claimed that the land, or at least a portion of it, was not all that it was said to be, and that owing to misrepresentation lie would have to saddle himself with 56 acres of poor land, of which he had previously Known nothing. For this reason lie declined to complete the transaction and claimed compensation for misrepresentation.

The Chief Justice read the judgment of the Court, which reviewed the case at length in its legal a.spcct, and ■ the Court held that the appellants were entitled to specific performance of the contract, and that no damages could be claimed for innocent misrepresentation. The appeal . was accordingly allowed with costs as from a distance.

At the hearing Mr. F. Wilding, K.C., with him Mr. H. ,F. von Haast, appeared for the appellants, and Mr. S. G. Raymond, K.C., with him Mr. F. W. Johnston, for the respondent.