JUDGMENT
MILES CJ.
In this case the plaintiff claims from the defendant the sum of £295 being the balance due upon a promissory note dated September 29, 1953. By an agreement under seal dated September 29, the defendant had purchased from the plaintiff the premises No.6 Wellington Street, Bathurst, for the sum of £18,000, of which £16,705 were then paid. The deed provided that the purchase should be completed on December 31, 1953, by the payment of the balance of £1,295.
The defence to this claim is that in the month of October, 1953, the plaintiff agreed to forgo the balance of £295 in consideration of the defendant paying him the sum of £1,000 before it was due and also of his allowing the plaintiff to remain in occupation of No.6 Wellington Street, Bathurst, rent-free until the end of December, 1953. The sum of £1,000 was in fact paid by the defendant on October 24, 1953. The plaintiff denies that any such agreement was made.
The defendant has called three witnesses who were present wh…