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GOLDFWELIS STATION PRIO PER'IXY. Perth, April 7. The anion in which Charles IRobert HeppingStonec sued Robert John Stewart for relief, either by way of specific performance of a contract or by way of damages for alleged b each of contract, in con nection with the sale of the bit. Celia Station, near Yundamindern, on the North Coplgardie Goldfield, was terminated to-day in the Supreme Court, by the delivery of the judgment of 'the presiding judge, I Mr. Justice Rooth. There was' a counterclaimn. in which David Eidlo' Heppinvstone, brother of the' plaintiff in the ori ginal action, was joined as defen dant, whereby the bilaintiff, to counterclaim Robert John Stewart, claimed damages for alleged fraud. danmages for the short. delivery of stock, and the recovery of a sum of money alleged to have been lent by plaintiff to one of the defendants. The counterclaim as to the aleged fraud 'was. however, subsequently withdran'n. His Honour said hlie believed there wasan-agreement. signed by. the de fendaLnt Stewart, .giving - Hepping stone the option of repurchasinm his interest in the station. Both Hep pingstone and Stewart were unsatis factory witnesses, the former be cause of his extreme. volubi lity, and Stewart because of his defective memory. He was satisfied there was an agreement. An exam ination of the memorandum of agreement, however, forced him to the conclusion that the agreement was void, because it did not sat out the consideration to be-given. The plaintiff was not, therefore,.en titled to judgment.. As -to the counterclaim 'for £5 0/6,, admitted by Heppingstone, the only question left for -iimn was, therefore.. that of damages for the- short --delivery of stock. His Honour gave judgment upon the claim for the defendant with costs, and judgment upon the counterclaim for the defendant. In the action -foi £24 -for -four head of cittle, and £20 for one horse, -there .would also be 3udgment for'-£5 0/6, which was admittedly 'due frbi 'Charles Reppingstone to Steirtt Leave vas given to apply to the 'U1. <: !3

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