WHYTE’S HOTEL, FOXTON.

Manawatu Herald, Volume XXXIII, Issue 965, 11 March 1911, Page 2

WHYTE’S HOTEL, FOXTON.

EASTON v. STANSELL. CLAIM FOR DAMAGES FAILS. A matter resulting from recent litigation over some land in connection with Whyte’s Hotel, Foxton, was determined by his Honour, Mr Justice Cooper in the Supreme Court, Wellington, yesterday. The plaintiff in the case was F. S. Easton (represented by Mr Tread we 111, and the defendant J. R. Stausell (for whom Mr Menteath appeared. In a judgment when the case was last before the Court at the beginning of the year his Honour decreedjhat Stausell could transfer an acre and a quarter of the land at Foxton which had been omitted from a conveyance taken from Stansell some time before by Austin and Easton. His Honour then left over the question of the value of the land, and also the question as to whether damages, if any, could be awarded to the plaintiff. When the case came lon again yesterday Mr Treadwell called evidence to prove depreciation in the value of the property between the time of the original sale and the date the action was commenced. After hearing the evidence and legal argument, His Honour decided Jthat plaintiff was not entitled to receive any damages at all. He would fix the value of the land in August 1907, at and at present date this being clone in view of the possibility of the case going to the Court of Appeal. He would also reserve leave to move for judgment for the ,£3OO in the event of plaintiff being unable to obtain specific performance. Costs and expenses would be allowed according to scale. Mr Menteath moved to dispense with security for appeal. His Honour said he would dispense with the security for the value of the property if the title were brought into Court, but ordinary security would have to be given. On further application, he granted a stay of execution on condition that the defendant prosecuted the appeal at present sittings, deposited an unencumbered certificate of title and gave security for costs within fourteen days.