Germa: Dismissed In the Mixed Court on Tuesday, Magistrate Li and Mr. 5 Jacobs (American Assessor) gave judgement in the case wherein the Block Commercia] Ca. sought to compel Fritz Pasche, the German proprietor of the Point Hotel, to transfer to them the hotel buildings and land, and recover damages resulting from defendant's failure to hand over the property according to an agreement. Mr. F. J. Schuh] was for plaintiffs and Mr. L. K. Kentwell for defendant.
Plaintiffs alleged that the defendant agreed to sell them the property for Tls. 30,000. Plaintiffs were to pay to the Belgian Fathers the sum of Tls. 5,795 in redemption of a mortgage held by the Belgian Fathers;:°" its were also to execute in favour of defendant a second mortgage, bearing 7 per cent, interest on the property for the balance, viz., Tls. 24,205. Consular title deeds were issued in the plaintiff's name and were to mature within 10 years.
Defendant admitted the allegation of the plaintiffs as to identity of the property and price to be paid for it, but denied that payment was to be made as plaintiffs declared in their petition. Defendant asserted that payment was to have been made in cash.
The Court declared that, as no agreement was ever put in writing, there was only one issue to be decided upon from the testimony: the actual intention of the parties regarding the terms of payment. The three witnesses for plaintiffs, Mr. Emil Block, president of the plaintiff company. Mr. Solomon, secretary, and a broker in the employ of plaintiffs deposed that on March 10, 1921, the offer was made and accepted by defendant. This he denied, alleging that he understood that payment was to be made in cash as soon as the property could be transferred. The following day the mortgage was actually redeemed by plaintiffs, a transfer of it having been at the Netherlands Consulate-General, in the presence of defendant. At a meeting between the parties before the hour appointed for the redemption of the mortgage at the. Consulate, defendant is alleged to have said that he could get more money for his property and refused to continue the transaction.
In connexion with the claim for damages in the sum of G. $10,000
Text read from the printed page and cleaned; old type leaves the occasional error.