CLAIM FOR REFUND OF DEPOSIT

Dominion, Volume 13, Issue 265, 3 August 1920, Page 5

CLAIM FOR REFUND OF DEPOSIT

ALIEN UNABLE TO SECURE TITLE. By Telcfraph—Pres« Association. Christchurch, August 2. In the Supreme Court to-day, Charles Theimer claimed I'3oo from Allan Hopkins as refund of ft deposit in respect of the purchase of a liouno; as au alternative, plaintiff claimed the refund of tho deposit from Mrs. Newnham, owner of the liouso. Plaintiff, an unnaturalised alien, is a native of O.ccho-Slavokin, and has been resident in the Dominion since 1901 Ho saw Hopkins about t.ho purchase of a house, telling him the facts about himself, tvnd Hopkins waid he was prepared to get him a title. The District Registrar, however, told them that a title could not be issued, and an application to the Miuistor met a like response. As tho transaction cculd not 1» completed, tho deposit money («£230) was handed over to a stakeholder. Plaintiff claimed, firstly, under the contract for recovery of the deposit; secondly, on the ground of fraud, the allegation being that defendant assured plaintiff ho could hold land in the Dominion; and, thirdly, on the ground of negligence by Hopkins as a land broker. Defendant douied that ho had told plaintiff ho could get him a title. Tho case was not concluded wlion the Court rose for the day.