AN INTERESTING POINT.

Wairarapa Age, Volume XXVIX, Issue 8113, 6 April 1906, Page 5

AN INTERESTING POINT.

WELLINGTON, April 5. g"A very interesting pcint was .presented at the Court of ApDeai, this afternoon, in the case Wili Fels and Isadore Samuel De Beer (Trustees of the will of Bendix Hallestein, of Dunedin) against William West Knowles and Frederick William Hales (Trustees of the will of Joseph Burno, of Wellington). Some fifteen years before hia death, Joseph Hurnn granted a lease for 21 years to Henry Condy Wilson and John Moore Riohardson. In 1891 these lessees transferred their interest to Bendix Hallenstein, who also got a new lease for fourteen years from the Trustees of Joseph Hume's estate. In the original lease Wilson and Riohardson had a purchasing clause inserted, and when Hallenstein took over the lease he also took over this option to purchase for £6,000. The executors in the Hallensteiu estate (the present plaintiffs) tendered £6,000 to the exeoutors of Burne's estate (the defendants), 'in pursuance of the purchasing clause in the agreement, but the defendants refused to aooept this They now say the land is worth £IO,OOO, and thai as trustees they had no power to lease. The present oase, which is one for the specific performance of the agreement or damages, was removed, by oonsent, direct from the Supreme Court into the Court of Appeal.