SUPREME COURT.

Taranaki Daily News, 5 October 1920, Page 5

SUPREME COURT.

. SENTENCES ON PRISONERS. ' By Telegraph.—Press Association. Wellington, Oct. 4. In the Supreme Court, William Pope, Feilding, for setting fire to a house, was sentenced to 18 months reforma" tive treatment; John Quayle, for theft at Napier, to ten months; Edward Berraan Collins, (breaking, entering; and theft at Hamilton, two years reformative treatment; James Alexander Will, pay clerk in the employ of the Defence Department at Palmerston North, for converting £l5O to his own use, to six months; Robert Burgess, theft at Wellington, to two years and declared an habitual criminal. HAWERA LAND TRANSACTION. Wellington, Oct. 4. The hearing of the case, agent of Mary Torstonson versus Caroline Whiting, a claim for specific performance of contract for the sale _of land situated near Hawera, was concluded in the Court of Appeal this morning. Mr. P. O'Dea, for the respondent, eontended (1) that a definite section of land was pointed out to the purchaser, and this she gotj (4) that the agreement for sale was helcf in escrow until £25 deposit was paid; (3) that there was a mutual mistake; (4) that even if there was no mutual mistake, then the enforcement of the specific performance would cause respondent great hardship.

At the Court of Appeal in Wellington on Fridav and Monday, before their Honors the Chief Justice, and Justices Cooper, Chapman, and Herdinan, the appeal of Mary Torstonson, of Mokoia, was heard against a decision by Mr. Justice Hosking at New Plymouth last year, in favor of Caroline Whiting, of Hawera, widow.

The facts were that Mrs. Whiting had put a section into Morrisscy and Co.'s hands for sale at £6OO. The section was refrefinted as an aero, but on survey it was found to be three roods three perches. Mrs. Torstonson's action was to compel Mrs. Whiting to sell the three roods three perches for £4Ol, being a proportionate abatement for the lesser area. The defendant, Mrs. Whiting, resisted this on the ground that she had offered for sale a definite section of lantf for which she wanted £6OO, and that though she always thought it was an acre, its area was not definitely ascertained till a survey was made. Mr. Justice Hoaking decided in favor of Mrs. Whiting. At the appeal in Wellington, after hearing legal argum«tot<f, tb*ir Honors reserved decision. Messrs A. H. Johnstone and Mr. L. A. Taylor appeared for tbe appellant, Mrs. Torstonson, and Mr, P. o*Dea for {he respondent, Mrs. Whiting.