9911796707
TMI Blog1921 (1) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... cember 18, 1903, as the settlement of a dispute that was then outstanding between herself and the Respondent, the Appellant entered into an agreement, through her husband as her attorney, with the Respondent for the sale to him of two sets of oil wells. The first were six out of the twelve sites that she would obtain for 1902 and the second were three out of the twelve sites that she would obtain for 1903. It appears that so far as the twelve sites for 1902 were concerned the contract was duly satisfied, but with regard to the 1903 sites difficulties arose. On September 21, 1904, four of those sites were allotted by the Government and on January 12, 1905, a further six were allotted, making ten in all. Bight of these were resumed by the Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in 1912, and he sets out the numbers of the sites. It is important to observe that no one of those numbers relates to any of the sites that were originally allotted in respect of 1903 and that the whole action is deliberately founded on the alleged agreement of 1912. 3. On the matter coming for trial before the District Judge, he found that the verbal agreement, upon which this pleading was based, was not established by the evidence and the Judicial Commissioner, to whom an appeal was taken from that judgment, affirmed that view, but the Judicial Commissioner, instead of affirming the decree by which the suit had been dismissed, made an order directing that there should be liberty to amend and a reference established upon that amendm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntroversy between the parties. The real question in controversy between the parties in these proceedings was the existence and the character of an agreement alleged to have been made in 1912 for the delivery of certain sites of oil wells specified and identified by the numbers stated in the plaint, which could only have been delivered in respect of that subsequent bargain. When once that contract has been negatived, to permit the Plaintiff to set up and establish another and an independent contract altogether would, in their Lordships' opinion, be to go outside the provisions established by the Code of Civil Procedure, to which reference has been made. It would be a regrettable thing if, when in fact the whole of a controversy between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a witness, though for reasons, of which there is no explanation, the Plaintiff does not appear to have entered the witness-box, and on being called, she says-that the Plaintiff came and asked me for the three remaining well sites in 1904 or 1905, but I refused to* give them to him. It is quite true that there is other evidence to suggest that what took place on that occasion was more in the nature of an evasion than of a direct refusal; but, if the Plaintiff is going to assert-that in fact the reason for the omission to satisfy the contract was not due to a refusal on the Defendant's-part, he certainly was bound to have gone into the-box to have answered a statement so specific and so-direct by the other party to the contract calle ..... X X X X Extracts X X X X X X X X Extracts X X X X
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