RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3829, 2 June 1875, Page 2

RESIDENT MAGISTRATE’S COURT.

Wednesday, June 2. (Before J. Bathgate, Ksq., R.M.)

T.angovm v. Hislop.-—This cage was heard in the latter part of last week. The plaintiff sued for 23s 6>), a week’s rent alleged to bo due by defendant, he having virtually agreed wth the plaintiff on a Monday to take her house with entry on the following Wednesday. Un the T. uesday the defendant called and intimated that he did not intend to take possesand he failed to do so. The facts were admitted, but the defendant pleaded that as he did not take possession there was no completed contract for lease, and be was not liable m the sum sued for.-His Worship in giving judgment said that under the Statute of brands a parole lease was binding for a term not exceeding three years; but if the defendant decline to enter and become temnt, there is no remedy against him for not entering. A coa--1 tract for letting a house or lodgings lias been held to be an interest in land, and an action could not be maintained against the party who had refused to perform his agreement for taking the house or lodgings, because there was nothing to bind him but a verbal agreement, which by the fourth section of the Statue of Frauds was insufficient. There is, therefore, this anomaly in the law, that while a verbal lease under three years where possession is taken as valid, a verbal agreement for such a lease is invalid, and does not confer a right to sue for damages for not taking possession. This is a point of some importance to house-agents and others. Judgment was given for defendants, without coats. Judgment was given by default iu the following cases, with costs : —Shotover Gold Mining Company v. J. Lauton, of Moke Creek, LlO Is 3d, arrears on second and third calls: same v. Walter GarJiuer, of Queenstown, L 5 Os Bd, arrears on same calls ; D. Fisher v. M. Dryden, L 5 7s, balance due on clothes supplied.