DISTRICT COURT, LAWRENCE.

Tuapeka Times, Volume VII, Issue 409, 18 November 1874, Page 2

DISTRICT COURT, LAWRENCE.

(Before his Honor, Judge Gray.) IN BANKRUPTCY. Charles Nicholson, of Ettrick, licensed victuallers, made application for his order of discbarge. Mr. M'Coy appeared for tlie bankrupt. Order granted. Hugh. Irwin, of Tuapeka, laborer, applied for his order of discharge. Mr. M'Coy appeared for the bankrupt. Mr. Anderson, an opposing creditor, and the trustee, examined the bankrupt ; after which the matter was postponed for two months. CIVIL CASES. Henry v. Xancaster. — Claim of £200 for breach of an agreement by defendant to let his farm to the plaintiff. Mr. M'Coy appeared for the plaintiff ; Mr. Taylor for the defendant. The plaint set out that the plaintiff is a runholder in the Tuapeka district, and for the profitable carrying on of his business as a sheep farmer, required a fattening farm, easy of access ; that the defendant had the only suitable farm for the purposes of the plaintiff, and that, in addition, it commanded a ready market for stock ; that the defendant agreed to let the said farm to the plaintiff, but neglected and refused to carry out the said agreement, whereby the plaintiff lost the profits he would have made, &c. The defence filed was — firstly, a denial of the agreement; secondly, of tho breach of it ; thirdly, that no lease had been tendered by tho plaintiff to the defendant for execution; and lastly, the Statute of Frauds. Th« agreement was contained in a letter written by Lancaster to Henry offering him the farm for five years at a rental of £250, delivery to be taken before the 30th June, 1874. The case was fully argued, and occupied the court up to a late hour for two days. The case finally 1 narrowed itself down to the following material point : Did the defendant withdraw his offer before acceptance, Or not? Both Mes3rs. Cotton and Henry averred that they left Waipori immediately on gettiag the letter, to take delivery, and accepted the offer the moment they saw Lancaster. Lancaster, on the other hand, swore that the first thing he said to them was, " You are too late, boys; the place is under offer." His Honor thought that the offer had been "withdrawn before acceptance, and accordingly gave judgment for the defendant, with professional costs, £10. His Honor complimented the counsel on both sides for the way they had handled the case. Be the Havilah Hill Gold Mining and Sluicing Company, Registered. — Mr. Taylor, instructed by Mr. Gooday, moved that the appointment of Mr. Capstick, junr., as liquidator, be confirmed. His Honor declined to make the order until he had more full information before him. The matter was post* poned for two months.