SUPREME COURT.

Taranaki Daily News, 2 October 1919, Page 6

SUPREME COURT.

RESERVED JUDGMENT, Judgment has been delivered as .follows by his Honor Mr. Justice Hosking in the case of Home v. Stubbs, heard at the session of the Supreme Court held at New Plymouth in August: Win, Richard Home ■ sued William Stubbs for specific performance of contract for the sale of a half-share in the auxiliary schooner Norseman for £l5O, which was to be paid for by the sum of £SO in cash and the transfer of a section of land. The £SO was paid. A few days later the vessel'was wrecked and, defendant refusing to execute the transfer of the land, plaintiff asked for judgment compelling him to do so or to pay £IOO damages in the alternative. The defendant resisted on "the ground that the agreement was not binding on him because of alleged fraudulent representations, which induced him to buy. He asked that plaintiff be ordered to repay the £SO, or, in the alternative, he counter-claimed fsr £l5O damages for loss caused by the fraudulent representations. The judgment traverses the evidence at great length. It holds that the contract could n»t be set aside, because the defendant, owing to negligence for which he must be held responsible, could not restore what he bought. Regarding the counter-claim, damages amounting to £SO are allowed defendant, in view of the inefficient power of the engine. Concluding, his Honor says: "Judgment will be given for plaintiff on the claim, that is to say, it is adjudged that defendant do contemporaneously with the satisfaction of the judgment on the counter-claim, execute to the plaintiff a proper memorandum of transfer of the land in question for estate in fee simple free from encumbrances but subject to the right of defendant to remove all buildings from the land prior to the execution of the transfer. Judgment also is given on the counter-claim in favor of the defendant for the sum of £50." It was directed that the costs of each party should be set against each other, and that the balance, which would be in favor of the defendant, would be payable by plaintiff in addition to the damages on the counter-claim. Mr. A. H. Johnstone, with him Mr. C. TT. Croker, appeared for plaintiff, and Mr. 11. R. Billing represented defendant.