MAGISTERIAL JUDGMENT.

Wairarapa Age, Volume XXXI, Issue 9056, 3 April 1908, Page 5

MAGISTERIAL JUDGMENT.

EVANS v. COMPTON. VERDICT FOR £SO. Judgment was given by Mr W. P. Jamei-% S.M., at Masterton, yesterday morning, in the case in which H. Evans and Benjamin Rayner claimed from J. W. Compton the sum of £2OO for alleged breach of a contract to clear land of gorse. The judgment (a written one) was as follows:—"I have carefully considered the arguments of counsel in this case. The agreement is very loose, and affords another instance of the folly of business men trying to do without a lawyer in drawing up an important contract. It seems to me, however, that th-ere is a valid con tract between Carnpton and Evans. Comptcn's undertaking to clear the gorse in consideration of Evans paying him £IOO at some later date—when he should sell the property —was the factor which induced Evans to carry out his original agreement to purchase. Both parties agreed that some further consideration was necessary to indues Evans to purchase —hence the new agreement. It seems to me that defendant is liable. Evans had to puy £IOO when he sold. That sum will have to be deducted from the actual damage, which I assess at £l5O. Rayner could not sue in his own name on the contract. There i*3 no priority of contract between him and Compton, hut there can be no objection to the joinder of Evans and Rayner. I think the written contract contains all the terms. lam satisfied that there was no "agreement" that in the evert of sale the contract .was to become inoperative. It is improbable that such an important condition should have been omitted, if it had been agreed to, and the very reference to selling—Evans agreeing to pay £IOO when ho sells—is opposed to such a notion. Judgment will be given for plaintiff for £SO and costs." The amount of costs was £6 10s.