SALE OF A HOUSE.

Manawatu Herald, Volume LI, Issue 4487, 5 August 1930, Page 2

SALE OF A HOUSE.

AGREEMENT IX DISPUTE. Specific performance of an agreement for the sale of'property uns sought in an, action in the Supreme Court at Palmerston Xorlli yesterday before Air. Justice Blair by (Catherine Woodroofe, of Foxton, against Komnki Renata, a native woman, of Afarotiri. Air. Cooper appeared for plaintiff and Air. Ongley for defendant. Pnintiff, in her statement of claim, said that- she was the owner of land and a house situated in Easton Street, Fox-ton. On January 21 tho land was sold to defendant for £350 by George Thomas AVoodioole, plaintiff’s husband, who acted ns lu-r authorised agent, there being a deposit of £l5O. Plaintiff -arranged for a mortgage transfer, and defendant entered into possession on January 27. On February 12 last defendant purported to rescind the agreemorit by notice in writing. Plaintiff was willing to carry out the terms of the agreement, all conditions having been fulfilled. Application had been made for the payment of the deposit of £l5O and an order had been obtained for. its payment. Plaintiff sought the specific performance of the agreement entered into.

Defendant, in her statement of defence, denied llie allegations made by plaintiff. She admitted that on January 21 she executed the agreement referred to, but said that the land was represented as being the property of George Thomas Woodroofe. Defendant expressly denied that- Mr. Woodroofe was acting as agent for the plaintiff. If it was proved that the defendant had entered into possession of the land mentioned, then sire said that such was not in pursuance of the agreement. She alleged that, according to the agreement, plaintiff should have before the date of possession, repaired the dwellingliouse, but had neglected to do so. It was further alleged that at the time of the agreement the insurance policy on the property ■named George Thomas Woodroofe as the owner, and that as he was adjudicated a bankrupt on October 31, 1025, his interest in the said land had passed to the Official •Assignee. It was stated that the terms of t-lie existing mortgage had nol been arranged to meet the provisions of the agreement. Defendant alleged that George Thomas Wwodroofe represented ihat the dwellihghouse on the land was subsianlially sound- and in. good rej air, hill dial ’the timbers were greatly affected by dry rot and l.oier not: apparent on inspection, atal the bouse unfit for occupation. L was stated Ihat immediately on lhe discovery of these matters the agreement was rescinded; and that in any event the agreement, in writing did not- contain the whole of lhe terms of the contract. Do tend - ,anl expressly pleaded lhe Statute of Frauds.

.V I*l cr hearing lengthy evidence I iis Honour said that judgment 'would he tor defendant as there ivciv no grounds on which to sue as the fulfilment of the expressed eoitdit ions of the contract .had not been made.