UPPER HUTT LAND DEAL

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

UPPER HUTT LAND DEAL

AGREEMENT RESCINDED. liis H.mour Mr. Justice Edwards de 1 livored reserved judgment in the Supreme Coiu-t yesterday in the case of Leonard Wilmor M'Kenzie v. John Walter Cudby and others, executors of the will of James Brown, deceased, a claim for specific relief. The plaintiff claimed a declaration that a contract in writing for the pii-chase of land was not binding on him. The grounds ipon which the reli-jf claimed wan sought was misrepresentation, or in the alternative that the parties to the contract' were never ad idem; Tho contract was a formal instrument for the sale of a vacant piece of land at the Upper Hutt. Tho ease made by tho plaintiff was that tho contract did not describe the land pointed out to him by Brown before it lvas entered into. His Honour reviewed tho evidence at some length, «nd said that when plaintiff found that the land described in the agreement was only half, or less thaii half, ■ the land pointed out to him by Brown, and represented by Brown to ho comprised in the agreement; ho repudiated the agreement, and refused to be ■bound thereby. "The plaintiff's case is one in which strict proof is required. In my opinion the. proof given is overwhelming," declared llis Honour. The judgment of the Court was to declare the agreement to have been lawfully rescinded and abandoned by tho plaintiff on August, 191'/. The . plaintiff was awarded costs on the lowest scale. At the hearing Mr. M. Myers appeared for tin plaintiff and Mr. W. F. Ward for tho defendants.