A LAND TRANSACTION

Wairarapa Age, Volume XXXII, Issue 10199, 30 March 1911, Page 5

A LAND TRANSACTION

MISTAKEN CLAIM.. > THE PLAINTIFF NON-SUITEIX A case was beard at the Supreme - Court- in Masterton yesterday in which ' Michael McGovern, of Te Wharau, claimed from" George H. Hodd, iate of Takagau,' Hawke's Bay, the sum of £SOO for specific performance of the purchase of land comprising 388 acres freehold, and 115 leasehold. An agreement between plaintiff and defendant had been drawn up, in which the price i was named as £4 los per acre, and the defendant paid a deposit of £IOO. Mr Jordan appeared for the plaintiff, and Mr P. L. Hollings for the defendant. Michael McGovern, plaintiff in the case, stated that his land was in the hands of an agent for sale, and tlje ~, agent had'brought Hodd out to in-.,' spect the property. v "Afterthe inspec- - tion the agreement was entere3 into. , Witness' understood' that' he was to give a ti£le and take a mortgage ' on 1 ' January Ist. , ' ' • ' Counsel for the plaintiff ' that - under the circumstances. - mentioned in plaintiff's statement in regard to the.title and: mortgage, he would have to accept a non-suit. Plain- v % tiff had given him to understand that x ■ the position was different; His Honor granted the non-suit, . with costs as on a claim of £3OO to de-, fendant. •,. ■';.; y- ;; y -;- Mr Hollings asked for judgment for plaintiff (Hodd) for £IOO as set out in a counter claim, being the amount of denosit paid by Hodd. This also was granted, with costs amounting t6 £4 4s. '