Palmerston Supreme Court.

Manawatu Herald, 1 March 1904, Page 3

Palmerston Supreme Court.

In the Supreme Court at Pahnereton on Saturday, before Mr Justice Cooper, the civil case J. Stevens, hasten and Austin v. Win. Pearce, Oroua Bridge, was hoard. This was an action for the specific performance of an agreement to lease 2,200 acres of the Motoa estate, with compulsory purchasing clause at over 1122,000. Mr Troadwili, for plaintiffs, opened to prove the agreement and certain correspondence, and then submitted that affirmative defence lay on defendant. After argument, the judge ruled that defen-

ant must prove his affirmative defence. Mr Baldwin, for defendant, raised the preliminary point that the agreement between the parties Was invalid on various grounds, and in particular that the lease was to contain all usual “andnecessary’* covenants. Sis Honor considered the point was of sufficient importance to make it advisable to hear argument in Wellington) and the case therefore stood adjourned to a date to be fixed by the parties. Defendant’s ! counsel intimated that in addition to alleged misrepresentation, there was a further defence that plaintiffs had no sufficient title to the land. The judge directed that particulars bof the defence should be given or an Amended statement of defence filed, ftjie question of title to be argued before him in Wellington.