SALE OF LAND.

Manawatu Standard, Volume LX, Issue 137, 10 May 1940, Page 2

SALE OF LAND.

DISPUTE IN COURT. Specific performance for the sale of 50 acres of land at Newbury, plus £IOO damages, or, in the alternative, £SOO damages, was sought in an action heai-d yesterday in the Supreme Court before the Chief Justice, Rt. Hon. Sir Michael Myers. Plaintiff was Lionel Gordon Dexter Holland, farmer, of Newbury, and defendant Mrs Georgina Alison Bracken, also of Newbury. Messrs G. G. AA 7 atson and W. P. Sliorland (AVellington) appeared for plaintiff, and Mr G. Crossley for defendant.

The statement ot claim set out that defendant leased to plaintiff the area of 50 acres referred to front February 8, 1939, this lease to be terminable at three months’ notice on sale ol the land. On October 20, 1939, defendant offered to sell to plaintiff under a weelPs option at £SO an acre, in writing, and it was stated that this was accepted on October 2G. On the following day defendant purported to cancel the option and gave notice of the determination of tho lease. Plaintiff was ''still willing to purchase. It was alleged that defendant had repudiated the contract as shown by the option afid the notification (by plaintiff) to buy. Plaintiff asked for specific performance of this alleged contract and for judgment for £IOO damages; or, alternatively, for £SOO damages. The statement of defence alleged that on October 23 plaintiff verbally rejected the offer and withdrew the option. Alternative defences advanced were: That on October 26 (before receiving the alleged acceptance to buy) defendant signed an agreement to sell to W. V. Shannon and he signed th" agreement as a buyer; that plaintiff had not' accepted . the offer to sell; that the option was no longer onon when allegedly accepted by plaintiff; that, if it be proved that-the option and its acceptance were a contract, the. relative section of the Statute of Frauds had. not been complied with; and that the Court, in its discretion, should refuse to enforce the alleged contract, if any. , The hearing of the evidence occupied the whole day. ; ■ Judgment was given for defendant, with costs as if the sum of £250 had been claimed. .