UNFINISHED DEAL

Sun (Auckland), Volume III, Issue 646, 24 April 1929, Page 18

UNFINISHED DEAL

SHARE IN HENDERSON FARM ADJOURNED SINE DIE Claiming £IOO, balance alleged to be due on the sale of one-seventh share in the Norwich Estate, Henderson, in September, 1926, W* H. Dunne, commission agent (Mr. Anderson), claimed against P. G. Dalgleish, farmer, of Morrinsville (Mr. McGregor) , before Mr. Justice Blair at the Supreme Court yesterday. Plaintiff claimed that the share was sold for £250, the terms being £l5O cash and £IOO to bo paid in 10 monthly instalments. Defendant had paid the deposit, but not the instalments. Defendant counter-claimed for the return of £l5O deposit, counsel alleging there had been sufficient misrepresentation —perhaps quite innocent—to invalidate the original contract and entitle defendant to a refund. Defendant did not know at the time of the purchase that there was a mortgage of £7,199 on the estate, but thought he was getting an unencumbered share. Plaintiff said defendant was quite aware of the mortgage and had purchased on the understanding that he would accept liis share of the liability. The case was adjourned till this morning to enable Mr. McGregor to consider amending liis statement of defence and counter-claim. After lengthy legal argument this morning, when similar cases were quoted, his Honour adjourned the hearing sine die.