LYSNAR APPEAL
CONTINUATION OF HEARING
WELLINGTON, March 23
Opening the case for the .respondent, the National Bank, in the Court of Appeal, this morning, Mr Hislop said it was clear that all along thei'e was a dispute between Lysnar -and the bank, as t 0 the control of the revenue from the farm. He submitted that Lysnar wag confusing the issue when he said that th e East Cor.st- Comm:--s'oner objected to the management of the bank. Clearly, what Lysnar wanted was not the management of the farm by the Commissioner, but management by himself. He submitted further, that there was no contract between the parties because the alleged contract was one between the bank, Lysnar, and the East Coast Commissioner, and because one of the most important terms of the contract (that of management) had not been communicated to the Commissioner, he therefore had not accepted its terms. Tb. { > letter which \va G said to conclude th e contract was not an mieondfJW’onal acceptance of Lysnar’s offer, but was rather a counter-offer bv the bank.
Mr Hislop, counsel for th« National Bank -submitted "that Mf Lysnar had -alleged a three-party contract in -his pleadings, and now lie could‘not tell the Court there was only a two-par-y contract between «e!f and the bank. Even, however,, if thei’e- were a twoparty' contract, the terms of tins were •as set out by witnesses for the - bank and not as alleged by Mr hyenar. This conkra-ct, however, Mr Lysnar had repudiated when he refused to be bound by the. essential terms. He further submitted that evidence was admissible by the Court to show that- the contract between parties had been subsequently varied. Th; c v Cdtil't ’adjourned until tomorrow .
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Hokitika Guardian, 24 March 1933, Page 6
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286LYSNAR APPEAL Hokitika Guardian, 24 March 1933, Page 6
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