UPPER HUTT LAND DEAL

Dominion, Volume 12, Issue 142, 11 March 1919, Page 7

UPPER HUTT LAND DEAL

CONTRACT SOUGHT TO BE VOIDED. In the Supreme Court yesterday His Honour Mr. Justice Edwards heard the civil action of Leonard Wilmer M'Kenzie chemist, of Wellington, v. John Walter Cudby, of Upper Hntt, Alexander' William Colder, labourer, and Kev. J. ,T. Lane,-as executors of-the will of the late James Brown. The statement of claim set forth that on October 28. 1908, plaintiff' signed a document which purported to embody a contract entered into with the Into .Tames Brown to purchase a property at the Upper Hutt •for- ,£3OO on terms. The plaintiff claimed that the lands 'destwibed in the contract was much lew than the lands actually agreed to be sold, and from the time of the discovery of the mistake the plaintiff refused to lie bound by the contract, and the contract actually made between the plaintiff and the late James Brown had not been given effect to. The plaintiff therefore claimed rectification of the contract so as tain a description of the land aduallv sold. .In the alternative, the plaintiff claimed that the document might be declared to be void. For, the defence it was denied that the deceased James Brown made any n"reement other than that admitted. Further, it was claimed that if it were proved that the late James Brown entered into any agreement with the plaintiff other than that admitted,, the provision? of the same were not actionable by reason of non-compliance with Section i of the Statute of Frauds. The defence .'further claimed that the plaintiff by his laches had, precluded himself from setting up a cause of action in that for a period of approximately ten years from the date of the contract he had acquiesced in its terms and had made no objection thereto. Mr. JI. Myers-appeared for the plaintiff' anil Mr. W.' F. Ward for the defendants. Several witnesses wore crlled on both sides, and after hearing evidence His Honour reserved 'judgment.