LAND PURCHASE CASE

Evening Post, Volume CIX, Issue 43, 20 February 1930, Page 4

LAND PURCHASE CASE

VENDOR'S CLAIM UPHELD 1

; '<T. IIQ. •contract,.provides that the &> ; jposit and.; 'the stanip duty shall be pay. : 'able by respondent ,'on the signing of the contract. They haye not been paid, there-/■ ,foro they, are.debts which the appellant ■' Jconipany is entitled.to- recover." SuckJ ; was the judgment 'delivered by his Hou-? our Mr. Justice Ostler in the Suprema : Court yesterday, upholding the appeal of the Guddford Timber Co., Ltd. (Mr. J." 6. Jdanna) against the decision given in tho Lower Court by a Stipendiary Magistrate at Wellington, nonsuiting thereintier Company in favour of Walter Stephen Wright (Mr. F. C. Spratt). The total ' amount, of. the .claim was £25 12s 6d. ihe respondent'had repudiated an agree- ' inent to. purchase land from the Timber .- Company, the company had then taken:. action to recover the deposit and stamp' duty, but was •inounuited- by the Magistrate, on- the ground, inter alia, that ib had split its claim, although the default required that all the unpaid purchase money should be deemed to be due. Hig Honour held that the decision that the; appellant company had split its demand r was premature, and gave judgment as stated above, with £9 9s costs and disi bursements. . ;