A LAND TRANSACTION

Evening Star, Issue 21746, 14 June 1934, Page 15

A LAND TRANSACTION

RESCISSION CLAIMED [Ter United Press Association.] WEUHINGTON, 'June 13/ A long argument ensued when Mr G, G. Watson, on behalf of the defendants in a Supreme Court action, moved that the action be dismissed as frivolous and vexatious, and for the reason that the statement of claim attached to the writ disclosed no cause of action. This contention was opposed by Mr P. E, Baldwin, of Palmerston North, and Mr H. _ J. V, James on behalf of the plaintiff. The Chief Justice (Sir Michael Myers) was on the bench, The case concerned was that in which Thomas V. Marshall, of Stanway. farmer, issued a writ agaisnt A. B. Shannon and George At‘Beth, as executors of the late Trevor Shannon, claiming rescission of contract and a return of moneys paid. His Honour reserved his decision. The action deals with an agreement for the sale and purchase of a farm m the Manawatu district, the plaintiff Marshall, as purchaser, having paid Cl,ooo cash and agreed to settle _in 1935. the defendants then undertaking to give Marshall the title. Marshall is in possession of the land, but seeks a rescission of the contract on the grounds that the defendants failed to disclose the existence of a blanket mortgage over the land concerned in the- case and other lands. That mortgage, it is claimed, was not disclosed, and its existence affects the market value of the land. The defendants say that the title need not be given till 1935. which is the testing date as to whether the title may be given.