APPEAL COURT.

Taranaki Daily News, 2 October 1920, Page 5

APPEAL COURT.

DISPUTE OVE-U LAND SALE. By Telegraph,.—Press Association. Wellington, Last Night. The Court of Appeal began the hearing this afternoon of an appeal in the case of Torstonson v. Whiting. This is a matter in which three sections were advertised for sale and represented as containing one-third of an acre each. Plaintiff was shown the land by a representative of the vendor, and in the agreement the land was described as containing one acre. In the course of negotiations a surveyor was consulted and said there was an acre in the piece. ft was subsequently discovered that the land contained a little over three-quarters of an acre. Plaintiff brought an action to enforce specific performance of the contract, with compensation. ■Mr. Justice Hosking held that there was a mutual mistake of both parties, which prevented a true contract from arising, and refused a decree for specific performance. From this decision the present appeal was brought by plaintiff. For the appellant it was contended that the case was one of misrepresentation by the vendor or a unilateral mistake of the vendor as to the area, and that in a case where land is sold on an acreage basis the purchaser is, on authorities, entitled to specific performance with compenastion for deficiency. The hearing has not bum finished,