SUPREME COURT.

Taranaki Daily News, 8 October 1920, Page 3

SUPREME COURT.

RESERVED DECISIONS. Hia Honor Sir John Salmond lias announced reserved decisions in a number of eases heard by him at the session of the New Plymouth. Supreme Court last VlontL SALE OP A FARM. ' Jessie A. Bartlett, of Hawera, 1 claimed flora T. F. Graham, of Te Kiri, and J. 11. Graham, of Waitara, £IOO damages sustained through defendant not having performed the agreement to purchase plaintiff's property. Plaintiff also asked for £SOOO for the non-performance of the agreement if for any reason it could not be performed. The defence was that the plaintiff committed a breach of the agreement, and a claim was made for the refund of the £2OO paid as deposit and £ISOO compensation if the Court held that the plaintiff was entitled to the performance of the agreement. The Judge held that the plaintiff was entitled to an order for the performance of the agreement, and to interest at six per cent, on the unpaid purchase ■noney from the due date of completion until the actual completion. She was •}?■'■ entitled to a refund of outgoings on the property by way of interest and otherwise during that period, but must account to the defendants for any rents and profits derived by her during that period. The defendants were entitled to damages for the breach by the plaintiff of her obligations relative to hay and root crops, and he thought a reasonable allow_ance for damages would be £2OO. Ceave was reserved to either party to apply as to any matters arising out of the form or execution of the decree, and the action was adjourned for furtfier consideration accordingly. OTHER CASES. In the claim of J. R. Corrigan v. Noti Wairahni for a sum of £250, and counter-claim for £309, judgment was given for defendant on the claim and for plaintiff on the counter-claim. The motion of Olive Van de Water for a writ of prohibition against the order for possession made against • her at the suit oT TTmmalena Ru3sell was dismissed.