SUPREME COURT

Dominion, Volume 12, Issue 155, 26 March 1919, Page 5

SUPREME COURT

RESERVED JUDGMENTS

A LAND TRANSACTION

" In the Supremo Court yesterday His Honour. Mr. Justice Edwards delivered reserved judgment-in the case or Emily Eliza Campion v. Arthur George Jacobeon. This was an action for the specihc performance of an agreement for the salo and purchase of a piece of land, or nv the alternative damages for JHSO. Iho contract was not disputed, but counsel for defendant sought to set up a collateral oral agreement that it should take effect only in tho event of a loan being obtained from a Government Department by the defendant, a returned soldier, which would enablo him to complete the purchase, and that he had failed in his endeavour to obtain such loan. Dealing with this point, His Honour said: "The defendant failed to establish tho collateral contract so alleged, but he satisfied mo that tho plaintiff herself suggested that he could procure the loan; that the plaintiff as well as the defendant thoroughly well understood that he could not complete tho purchase of the land unless the loan was obtained, and that he entered upon the contract for purchase, relying upon this understanding. . . . The defendant also satisfied, me that lie had not the means to can-y tho contract for purchase into offeot, and that an order to him to do 60 would necessarily be nugatory." This was intimated during the hearing, and the plaintiff was limited to her alternative claim for damages. His Honour, after reviewing the ovidence, held that the plaintiff could not recover damages. The defendant paid to the plaintiff Mo as a deposit (the subject of a counter-claim), and that sum His Honour held could not be recovered from the plaintiff. Judgment in the action was therefore given for the defendant Jncobson, with costs according to scale. In the counter-claim judgment -was given for tho plaintiff (Mrs. Campion), with costs on the lowest scale, and such part of the Court costs as is attributable to that claim. At the hearing Mr. N. Kirltcaidio »n----peared for tho plaintiff and Mr. A. W. Blair for the defendant.

EXCHANGE OF DAIRY COWS. The reserved judgment of the Chief Justice. (Sir Kobert Stout) in the case of Hadloy v. Senk and another was delivered yesterday. This was a suit for damages brought by Ernest Hadiey, of Wellington, builder, againßt Annie Senk, widow, and Arthur Thomas Munn, farmer, both of Umutaoroa, to recover damages for removing stock from tho plaintiff's property, driving them to the .property of the 'defendant Senk, and substituting for them seven or eight head of cattle which belonged to Senk. Tho plaintiff had purchased the farm and stock from Munn, and entered into possession about July last. The dispute between the parties was as to what occurred on July 29, 1018. The plaintiff alleged that Munn opened his gate and entered and took the cattle out of the paddock and placed them on tho farm of the defendant Senk, aud the pluinj:iff further alleged that in place of the stock removed other cattle inferior in quality and belonging to Senk were substituted. The defendants admitted putting sewn or eight head of cattle in plaintiff's paddock, and contended that they were hot Scnk's cattle, but the plaintiff's. They denied removing any cattle from tho plaintiff's property. After reviewing the evidence at some length His Honour found that the defendants did remove eight cattlo from the plaintiff's paddock, se.ven of which had been identified as the'property of the plaintiff, and in doing so tho defendants had committed a trespass and wrongfuliy seined and removed the cows. It bad been agreed that the cattle, left at Hadloy's farm we're not to lie returned, and • their value had to be deducted from the damages sustained by Hadiey. His Honour found and allowed special, damages, in addition to the value of the cattle removed. The value of those was assessed at .£l6O, and tho seven left on the farm at .€6O. The special damages up to the commencement, of the action, loss of milk and gross, etc., were fixed at Judgment was accordingly given in favour of plaintiff for i£l6o, with costs according to scale, together with expenses anil disbursements. At the hearing Mr. T. W. Hislop appeared for the plaintiff, Mr. M. Myers for the defendant Annie Senk,. and Mr. P. W. Jackson for the defendant Munn.