SUPREME COURT, HOKITIKA.

Kumara Times, Issue 2931, 22 March 1886, Page 3

SUPREME COURT, HOKITIKA.

Monday, March 15. [Before his Honour Chief Justice Prendergast.] APPEAL. —RYDER, APPELLANT, V, CAIRNS, RESPONDENT. This v;as an appeal from the decision of Dr. Giles, R.M., at Kuraara. Mr Guinness appeared for the appellant, and Mr Hannan for the respondent. The question of law involved in this case was whether an action for damages for breach of contract to sell a freehold section at Kumara could be maintained after the respondent had signed the transfer, but refused to deliver it up to appellant until the costs of the transfer were paid—the contention for the appellant being that the respondent had no authority to prepare the transfer, but that it was the appellant’s privilege to do so. The respondent on the other hand contended that having had the transfer prepared and executed, the appellant’s proper remedy was not to sue for damages for refusing to sign the transfer tendered, by appellant, but to bring an action for the detention of the transfer. The Resident Magistrate, Dr. Giles, decided in favor of respondent’s contention, and nonsuited the appellant with coats. Against this decision the appellant now appealed.

After hearing argument his Honor reserved judgment till Thursday last (March 18th), when he gave judgment in favor of appellant with costs, allowing the appeal and reversing the judgment of Dr, Giles.