SUPREME COURT.

Hokitika Guardian, 16 June 1919, Page 1

SUPREME COURT.

MUTU V. MICHEL. CHRISTCHURCH, June 13

Reserved judgment was given by his Hon'bur Mr Justice Herdman in tho action brought by Habere Muriwai Mutu, of Kaiapbi, aboriginal Native, against' Harold Miehe.l, of Hokitika, farmer,' To' set aside a' conveyance from her to defendant. 1 Ill’s Honour stated that in ease there should he any misunderstanding about tho conduct of the defendant and .his solicitor, (Mr Dale"), h’e thought he should state that there was nothing in ,the evidence called by the plaintiff that .would warrant him in concluding that there was any attempt on their part •to take any unfair advantage of the plaintiff. His Honour held that a .mutual mistake had been made by the parties “as to an essential attribute of the thing agreed to be sold which af,foots the substance of the whole consideration.” He therefore ordered that the conveyance executed by Mrs Mutu in favour of the defendant he set aside. As defendant still held the purchase money it was unnecessary for him to make any order respecting it. The plaintiff’s share in the property would have entitled her to five-twenty-sixths of £2oo*o, about £.‘584. He would therefore allow her costs as ill an action to recover that amount, together with witnesses’ expenses and disbursements, which the llegistrar would settle. Air. D. 11. 1 |aggard appeared for plaintiff, and Mr. 0. I. .1. Alpers, with him Mr I«\ Jor defendant.