Rowe v Turner Hopkins & Partners - [1980] 2 NZLR 550

Negligence — Solicitor — Client, co-owner of residential property subject to two mortgages, was unable to sell property due to intransigence of his co-owner — Interest on mortgage allowed to fall into arrears and first mortgagee exercised power of sale — Sale realised sufficient to clear liabilities to first mortgagee — Second mortgagee sued client on personal covenant — Client sought to recover amount paid to second mortgagee from his solicitor alleging professional negligence — Whether client's action solely in contract — Whether plea of contributory negligence available to solicitor — Whether client entitled to recover damages — Contributory Negligence Act 1947, ss 2 and 3.