High Court Wellington
10 February; 17 February 1930
Ostler J
10 February; 17 February 1930
Ostler J
Vendor and Purchaser — Agreement for Sale of Land providing for Payment by Purchaser of Deposit and Stamp Duty — Repudiation of Agreement by Purchaser — Action by Vendor in Magistrate's Court to recover Deposit and Stamp Duty paid by him — Jurisdiction of Magistrate's Court — Whether Claim one of "Debt" — "Splitting Demands" — Whether Vendor's Remedies limited to those provided for in Agreement on Purchaser's Default — Appellant not permitted on Appeal to take Point curable by Evidence not raised by him in Court below — Magistrates' Courts Act, 1928, ss 27, 32 — Stamp Duties Act, 1923, ss 28, 32, 80, 88.
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