SIMON JACOB SILAS Vs. CASPER JOHN BALTHASAR KOHLHOFF

JUDGEMENT

(1.) THIS appeal arises from the dismissal of a suit for the specific performance of a contract of sale dated 15 -7 -1938. Ex. T, the contract of sale, reads as follows:

(2.) SUBSEQUENT to the contract of sale the Plaintiff obtained a conveyance of Miss Kohlhoff's (D.W. 1) one half share in the property by the sale deed Exhibit P dated 25 -2 -1940. The suit is in respect of the other half of the property belonging to the Defendant and the prayers in plaint are:

(3.) FOR a proper disposal of the case, it is unnecessary to deal with the correspondence anterior to Ex. IV, the letter of the Plaintiff's Advocate dated 6 -12 -1944. Ex. IV and the letters that followed are extracted below: