DISPUTE OVER KENT

Evening Post, Volume CV, Issue 67, 20 March 1928, Page 11

DISPUTE OVER KENT

. AN APPEAL DISMISSED An appeal, involving the sum of £350, said to be shortage of rent, was heard by the Court of Appeal yesterday afternoon. Tho appellant 'was John Lucas Read Bloomfiold, and the.,respondents.were William Douglas Lysnar and John Clark. By a deed, tho appellant's predecessor's 'in title granted to the Gisborne Oil Company, Ltd., the exclusive right for a term of 42 years to bore for petroleum oil on an area of 20,000 acres of Poverty Bay land.. The rights of the grantors became vested in the appellant, and the rights and obligations of the company were assigned to the respondents. The deed provided for an increasing rental. Tho appellant's predecessors, ..evidently through inadvertence, forgot that the deed, provided for periodically increased rentals, and each year sent an account for £25. In June, 1025, while the respondents.were negotiating for a sale of their rights, tlio appellant discovered that the rent had not been fully paid, and made a claim for the balance. In an action before Mr. Justice Ostler, judgment was given for tho defendants (the respondents in the appeal). It was against Mr. Justice Ostler's decision that the appeal was made. Mr. A. H. Johnstone appeared for the appellant, and Mr. W. D. Lysnar appeared on behalf, of the respondents. Without calling ; on: Mr. Lysnar, the Court dismissed the appeal. •