SUPRME COURT.

Wairarapa Daily Times, Volume 6, Issue 1596, 30 January 1884, Page 2

SUPRME COURT.

' CIVIL SITTINGS. Monday, January 28. (Before Mr Justico Richmond,) . FORBES V; WAKELIN. This was,an action to compel specific performance of- a contract to lease a piece of land at'Carterton/ which lease included a power, of purchase, and a mortgage being oyer the property. Mr Chapman was for plaintiff, Mr Izard appearing for.the defendant. The facts appeared to be that E, L, Wakelin, of Carterton, agreed verbally to lease to Sir William a piece of land, with power of purchase at £450 if purchased within two and a half years, or at £soo' if within the next two and a .half years. Sir James Prendergast had a mortgage of £IOOO over this and other property belonging to Mr Wakelin,' and when Sir W, Forbes got a lease drafted tor the mortgagee's consent, Sir James Prendergast declined to consent, Sir W. Forbes ' therefore brought this action to' compel specific performance of the contract ' by Mr Wakelin, There was a question as to whether the tnorgagee's consent had been a preceding condition of the contract, After,some argument between counsel, : it appeared that the only objecting party was the mortgagee. Eventually the mortgagee's , objection was removed by the plaintiff consenting to take a decree, subject to the conditions (1) that the fact of the mortgage should'be shown on the face of the lease, and. (2) that three months notice should be given of intention to. [pay ' off the mortgage. The only remaining question was as to which party should pay costs of this action, Sir W. Forbes, E. L. Wakelin, aud W. G. Beard gave evidence as to the terms of • the verbal agro'ament ; and his Honor allowed £25. to the plaintiff as half the; full costs. The Court adjourned till next day, —N.Z, Times, ' ; •