SUPREME COURT

Dominion, Volume 13, Issue 205, 25 May 1920, Page 3

SUPREME COURT

PLEA- FOR: HESCTSSTON OP J CON- ; TRACT. ~ . Ernest Jnmes Scells, agent, yesterday asked the Supreme Court to declare that an agreement 'nuule with William' Henry Bearmai) and 'his wife (.C. S. .Beannan) for the salo and purchase of a six-room-ed hous6 and 'section known as No. 15 Walter Street;, had been validly rescinded. ■ 'j Jtr. Justice ISalmond was on the bench. \ i ■ Mr. E;' H. -Webb appoaretl for the plaintiff, and Mr. T, Neave for tiie defendants Plaintiff-; alleged that 011 the treaty for the contract Mik Benrnian represented that the property 1 in question was encunibered- with iCGflfl mortgage that had four years, to run.- He signed the contract on that understanding, but when ho had the title eiiiimnod he found that the mortgage had expired some time before, and was therefore 1 overdue. He .yesterday claimed,-. 111 addition to the declaration referred'to. al)ove. r the return of a ■.£25 deposit and reimburssement of his exDcnses. ' It appears from the evidence called for the. 'ilaihtiff that be'tween Scells and 0110 William Xingard (an estate agent) .there was something'of reciprocity in the way of business, iFor the defencn it was stated that tfie only reference to the mortgage .was made by Mrs. Bearnian, in renly to aij inquiry from_ Lingard. "T to'.d .Mr. Lingardi" plaintiff stated, "that all I knew about the matter wns that .Fanning told me when I Ijoualit the house that ! . the riiortgage hwl tive years to run." The Fanning refen'od to had.sold the property t'o defendant about a vear before. Scells did not ask about the mortgage, Mrs. Bearnian said. His Honour restored decision. • A LIST OF FIXTURES. :

. Following is a list of fixtures made for the hearing of cases in tho Supremo Court:— •/ Tuesday, May ,25.—William Henry Shitrpin v. Alice Emily \ Shnrpin and John .Owen, suit for divorce 011 the giound of adultery; . Howie and . Matthews v. Hoggard and I'rouse, claim for £27G ss. Gd. and. interest, alleged to be balance due on account. Wednesday, May 2G.—Cteprge ;William Grundy v. George Taylor Goodwill, claim for <£450 damages for alleged false representatio'i: D,nighty v. Shaw Savill; Stevens v. Oswald. Thursday, May 27.—Thomas Edward Broughton v. Neil Doneghue and Co., Ltd.. claim for i;3ofl damages for alleged breach of contract, end eolirt"r--elaim for ,£SO damages and the possession of, a lorry; undefended divorce, cases. ' Friday; 'May 28.—Charles Lyons t; United Suites and Australia. Steamship Co.. claim for M 52 Is, 9d. f<>r alleged damages. - ' Monday, May 31— Charle.s Frederick Amnion v. Daisy Geraldine Jfiiry Amnion and William Tle ; llv. suit foV divorce and claim for ,£SOO damages. Tuesday, .Tune I.—j'aVety ai.d Co., Ltd., and Frederick Brittain Lowes v. Harold William Brown and ( George Ne:'ch. claim for .i'Wt for of mii'rnct. John Ycrst.an v. Ida JFav Yorston, suit for divorce 011 tb» ground of .desertion. Wednesday. June 2—Edwin G. F. Zohral> v. barquentine Lmn-a," claim tor .ftJ'iOII for salvago service*! Trlcker v. Wellington City Corporation (special case).

Friday. .Tune t—Georg o von Zedlitz v. "New Zealand TimcS" Co.. Jitd.. fliyni fw JJIOCO damages '«r nlW n rt l'bel; John Henry Hooper'v. Herbert Pgarson ftawpon. claim for ,£SSS dnniages for alleged trespass, etc. • rl As Thursday, June 3. will be the Kin? s Birthdnv, no eases hove .been: appointed for hearing'on thiit date..