SALE OF A FARM

Sun (Auckland), Volume IV, Issue 1030, 22 July 1930, Page 11

SALE OF A FARM

PERFORMANCE OF CONTRACT VENDOR SUES PURCHASERS From Our Oxen Correspondent HAMILTON, Monday. A claim for specific performance in respect of the sale of a farm valued at £22,347 was heard by Mr. Justice Herdman in the Supreme Court today. The plaintiff was Frederick Edwin Bishop Lovelock, farmer, Eureka, and the defendants were Henry Martin Boyle and James Glenny Boyle, contractors, Christchurch. Plaintiff was represented by Mr. H. T. Gillies and Mr. F. L. G. West, while Mr. A. H. Donnelly and Mr. A. W. Brown appeared for defendants. Plaintiff, in his statement of claim, set out that on December 20, 1929, the defendants agreed to purchase from plaintiff 2,483 acres of land, known as Waverley Island, at Eureka, at'£9 an acre. It was agreed that the money should be paid on February 1, 1930. In a letter dated February 17 defendants renounced the contract. The defence was that the sale was subject to the consent of the Public Trustee, there being a clause in the mortgage stating that the Public Trustee must give his consent in writing before the sale. Defendants alleged that this had not been done. It was further contended that the purchasers were required to sign certain deeds of covenant to pay' the mortgages. They refused to do that on the grounds that they did not contract with reference to those deeds of covenant. After lengthy legal argument judgment was reserved.