PERFORMANCE OF CONTRACT

Dominion, Volume 14, Issue 8, 5 October 1920, Page 8

PERFORMANCE OF CONTRACT

LITIGAT'.ON IN APPEAL OOUR-T. The hearing of the Tortonaon-Whiting appeal over a land transaction, and the speciflo performance of a, contract, was concluded in tho Court of Appeal yesterday. (The facts of the case were published in Saturday's Dominion-) On the bench '.vera Their Honours, tho Ohief Justice '.Sir Kobert Stout), Mr. Jubtice Cooper, Mr. Justice O) tipman, and Mr. Justice Herdman. Mr. A. H. Johnstone, of Auckland, appeared for the appellant, and Mr. P. O'Dea, of Hawera, for the respondent. The contract was for, the sale of one acre, but when the land was surveyed It was found to have an area of only 3 roods 3 perches. For tho respondent, Mr. O'Dea submitted that the question of boundaries of the Bection had uever been raised when arranging the deal. Appellant \vaa told that after the land had been, surveyed she would get •an acre. Ab far as the exact area of the land waß concerned, the respondent, who was a very uneducated woman, had alwaya imagined sht> owned two acres cf land, and tho land pver tvhWh. the 'litigation had nrisrm had -been known as "the aero paddock." There was no intention to sell less than an acre for tho pricci of an acre. After bearing further argument, the Bench reserved decision.