High Court Wellington
7 October; 11 December 1958
Hardie Boys J.
7 October; 11 December 1958
Hardie Boys J.
Landlord and Tenant — Lease — Municipal Corporation, as Lessor, Requiring Lessee to erect Building within Two Years of Grant — Plans approved by Council after Expiry of That Period and Building Completed Nine Months thereafter — Lease providing for Payment to Lessee at End of Term of Half the Value of Building — Lessor's objection to Payment unless legally bound — Lessor's Acts at Material Times indicating Its Election not to object to Delay in erecting Building — Time for Erection not expressed as being of Essence of Contract — Acts of Council showing the Condition of Limit of Time for Building as of Trivial Moment — Lessee entitled to Half Cost of Building at End of Term.
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