High Court of Australia
HW. J. Green, Gort, Print, Melb.
IN THE HIGH COURT OF AUSTRALIA.
)
REASONS FOR JUDGMENT.
Judgment delivered a Oe Clore — Ot Lf & Maret 938,
IN THE HIGH COURT ) U OF AUSTRALTA
ADMANS Plaintiff ve CLAYTON Defendant.
BEFORE HIS HONOR, THE CHIEF JUSTICE, SIR JOHN LATHAM THURSDAY, 17th MARCH, 1938, AT 10,30 A.M.
E - FOURTH DAY -
k (At. the conclusion of counsels%addresses, His Honor announced that an he would deliver judgment at 4.15 P.M.)
JUDGMENT. HIS.HONOR: This action is based upon a contract for the sale of
the Corowa Hotel at Corowa by the defendant to the plaintiff.
The plaintiff claims specific performance of the contract and damages, or, alternatively damages for breach of the sontract. Negotiations for the sale of the hotel began
about March 1937 and on the 14th March a preliminary contract
was signed by the parties, the contract being dated 15th March. Negotiations for a mors formal contract continued and draft contracts were exchanged between the parties,
It has been suggested on behalf of the defendant that the delay which took place in finally agreeing upon a form of contract was due to the plaintiff. There is, however, no evidence to this effect. The parties were trying for several weeks to arrive at a contract which would be
satisfactory to each of them, The correspondence which took
AR/IM/1b. 145, JUDGMENT. 17/3/38.
n
place between the solicitors showSthat much negotiationg was required before the form of the final contract was settled.
On the 18th May, for example a letter was written referring to a draft contract and raising questions as to some five gauses contained in the draft. In this letter it is indicated that a particular clause is not acceptable to the plaintifr pecause the plaintiff may not desire a transfer to himself, his present intentions as to leasing the property being indefinite! It was, therefore, known at this date before the actual signature of the contract sued upon in this action, that the plaintiff might desire a transfer to some person other than himself. On the 10th June a letter was written
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