DISTRICT COURT.

South Canterbury Times, Issue 2330, 4 September 1880, Page 2

DISTRICT COURT.

TDIARU—Y ESTERDAT. (Before His Honor Judge Ward). Daily v. Lines, claim £2OO, for breach of agreement and damages sustained. Mr White for plaintiff; Mr Garrick for defendant. The stort facts of the case, as stated for the plaintiff, were that on Jan. 23 last, the parties to the suit had a conversation with respect to the purchase of the Calcdonion hotel, at Tcmnka, and an agreement was drawn up and signed on the same day by which the plaint!lf was to become the purchaser of the property on certain specified terms. The plaintiff subsequently discovered that defendant had no title to the hotel and after waiting some time to obtain a title he wrote to the defendant to the effect that unless he received a title by a certain date he should elect to rescind the agreement, and hold the defendant liable for damages for not complying with it. The plaintiff had moved into the hotel for a short time while waiting for a title, and had been put to considerable expense in taking possession and otherwise, and it was for the breach of agreement and the loss he had incurred that he now sought to recover damages. J. J. Daily, the plaintiff, was examined

and recounted the circumstances under which he had negotiated for the purchase of the hotel. T. Fenton was then examined, and stated that ho had occupied the Caledonian Hotel for nine days sometime hack. His takings averaged £35 for the first week, and the profits for the nine days amounted to about £lO. The witness then entered into particulars of his dealings with Inncs, which have been already published. This closed the case for the plaintiff. The defence was briefty that the plaintiff was not ready to complete the agreement when the defendant was, and that (lie contract was rescinded by the plaintiff before it was broken. Judgraent was given for the plaintiff for £77, that sum representing the actual loss sustained by him, with costs. IX BANKRUPTCY. In re William Southan, a debtor. At the last sitting of the Court, His Honor granted an interim order to restrain Mr Beet-ham, Resident Magistrate,from issuing an order For the arrest of the debtor. The order was granted on condition that a bond was entered into for the debtor’s personal appearance at the present sitting of the Court. The bond was improperly drawn, however, because it gave the debtor the option of appearing cither personally or by counsel, cither at the Timaru or Camara Court. The debtor failed to put in an appearance at the present sitting of the Court, and on the application of Mr Jameson, His Honor now discharged the order. Several other applications were deferred, and the Court then adjourned to Sept. IS.