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SUPREME COURT

A LAND TRANSACTION. In tho Supreme Court yesterday His Honour,Mr, Justice Edwards heard the caae of Emily '13. Campion, widow, of Wellington, v. Arthur George Jacobson, of Wellington, painter, a claim for damages for nonperformance of a contract. Mr. N. Kirkcaldie appeared for tho plaintiff, and Mr. A. W. Blair for the defendant. In the statement of claim it was set out that by a contract dated December i. 191S, and by endorsement thereon dated December 10, 1918, the defendant agreed to purchase from (he plaintiff Section 51, Karon district, for the pries of .£lslß, the sale to be completed and the purchase money paid on January 31 v 1919. On January. 17 tho defendant wholly -renounced and absolutely refused and declined to perform the said agreement, and still declined to do so.

In tho statement of defence it was admitted that a document was signed on December 4, 1918, and that contemporaneously therewith plaintiff agreed that tho document should take effect only as s. contract in the event of a loan being granted by the Government under the Advances to Discharged Soldiers' Act, and such agreement was a condition of the said contract. The Government refused to grant' a loan to enable the defendant to complete the purchase, and plaintiff had notice of the fact. Further, that the conditions of the agreement had never been complied with, and' was not a contract binding in law. The defendant counter-claimed for the deposit of J>26 on the ground that (here was no contract between the parties, and hero had been a complete failure of consideration.

Mr. Kirkcaldie, in opening, briefly indicated the nature of tho evidence lie would call, and tho basis'of the plaintiff's ilaini. Ha then called the plaintiff, and her two daughters. Several witRever'al witnesses were also called for tho defence, and after hearing tho evidence His Honour reserved his decision.

Knew Her Business.—"John," announced Mrs, Stylover, "I'm going to town to-morrow to see the new hats." "You forget," her husband reminded her, "that to-morrow is Sunday. The shops will l)e closed." "Why said anything, ahout shops? I'm going to church."

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/DOM19190320.2.11

Bibliographic details
Ngā taipitopito pukapuka

Dominion, Volume 12, Issue 150, 20 March 1919, Page 3

Word count
Tapeke kupu
354

SUPREME COURT Dominion, Volume 12, Issue 150, 20 March 1919, Page 3

SUPREME COURT Dominion, Volume 12, Issue 150, 20 March 1919, Page 3

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