MAGISTRATE'S COURT.

Taranaki Daily News, 17 December 1919, Page 8

MAGISTRATE'S COURT.

CIVIL BUSINESS. (Before Mr. T. A. B. Bailey, S.M.) In the New Plymouth Magistrate','! Court yesterday, Mr. T. A. B. Bailey. S.M., gave judgment for plaintiff by fault in the following undefended cases:— State Advances Superintendent v. D. S. Maxwell, £74 15s (costs £1 15s); H. J. Wells (Mr. L. Etherington) v. Maui Onekura, £GO (costs £4 12a); H Weston (Mr. H. R. Billing) v. L. Whiting, £1 5s (costs ss). In the case of Gilmour and ,Clarke (Mr C. H. Croker) v. Mrs Moorhead, an order was made for possession of a dwelling on or after December 23 and judgment wa3 given for the sum of £33 (costs £2 Sts).

LAND SALE. Arthur Ruff (Mr. F. E. Wilson) claimed £2OO from David Tecofsky (Mr. A. Coleman) for consideration from an : alleged agreement in which the plain- • tiff had practically agreed to extend the ■ lease of 72 acres of land at Ngaere. ! Mr. Wilson explained that the lease had expired in September, 1918, but was kept alive through the moratorium on account of a compulsory purchasing clause in it. Defendant found a pur(chaser in. a Mr. Hunt, but he made a condition that part of the purchase money should stand over for five years As this would have allowed defendant to complete his purchase he asked plainMt to extend the lease for that term to facilitate the sale. There was subsequently a verbal agreement come to on that basis in the office of a solicitor plaintiff accpeting a mortgage from Hunt for the amount due to him on the understanding that defendant would pay £2OO in return for plaintiff's accommodation, and the profit of £785 which defendant was to receive The sale was completed but nothing had been heard of the £2OO.

Evidence was given by plaintiff and E S. Rutherford, solicitor, Stratford, in whose office the verbal agreement was come to. The latter said he knew nothing of the details of the arrangements Mr. Coleman moved for a non-suit on the ground that an agreement concerning interests in land should be in writing.

The Magistrate said he would hear the evidence before considering the point. Defendant said when he saw plaintiff m New Plymouth, the latter asked him f*.'™ had been sold and witness told him he would not put any obstacle m the way of a sale. Nothing definite was arranged about a £2OO consideration When the transfer was fixed up plamtifl asked about the £2OO, but defendant said it was tqo much and plaintiff then said they would arrange something, but nothing had been done. In cross-examination witness said plaintiff offered to extenS the lease, and defendant was glad to accept the offer-1 Decision was reserved.