83
APPENDIX C (iv.)—continued.
22. Time shall in all respects be the essence of the contract.
23. This agreement and all moneys payable hereunder are expressly excluded from the provisions of any War Precautions (Moratorium) Regulations which may be in force or which may come into operation at any time while any moneys shall remain owing under this agreement.
24. The purchasers shall pay to the vendors all costs and expenses incurred or to be incurred by the vendors in connection with the negotiations for and the preparation completion and stamping of this agreement.
In witness whereof the parties hereto have hereunto set their hands the day and year first hereinbefore written.
| Signed by the said Benjamin Nathan in the presence of | BENJAMIN NATHAN by his Attorneys | |
| B. F. Lane, Exhibition Street, Melbourne. | Robert Nathan. Herbert W. Austin. | |
| Signed by the said John Wren in the presence of | JOHN WREN. | |
| P. J. O'Shea, Solicitor, Brisbane. | ||
| Signed by the said Thomas William Bouchard in the presence of | THOS. WM. BOUCHARD. | |
| P. J. O'Shea. | ||
| Signed by the said George Rees in the presence of | GEO. REES. | |
| P. J. O'Shea. |
APPENDIX C (v.).
(Exhibit No. 23a.)
Memorandum of Agreement made the Twenty-fourth day of August One thousand nine hundred and twenty-three between Benjamin Nathan of "Ripponlea" Hotham Street Elsternwick in the State of Victoria in the Commonwealth of Australia Warehouseman and John Wren of Studley Park Kew in the said State Gentleman (hereinafter called " the Vendors") of the one part and Thomas William Bouchard of Brisbane in the State of Queensland in the said Commonwealth of Australia Solicitor and George Rees of Brisbane aforesaid Accountant the Trustees of Kedron Amateur Racing Club (hereinafter called "the Purchasers") of the other part Whereas by Memorandum of Agreement in writing bearing date the twenty-fourth day of August One thousand nine hundred and twenty-three and made between the vendors of the one part and the purchasers of the other part the vendors sold and the purchasers purchased the lands and hereditaments therein described together with the business of horse racing and all the personal property therein mentioned for the consideration therein provided and subject to the agreements and stipulations therein contained And whereas doubts have arisen as to the, nature, and extent of the personal property and business thereby sold and purchased or intended so to be Now therefore this Agreement which is to be deemed to be and shall be collateral with the before recited Agreement and shall be deemed to be and shall be incorporated with and read therewith witnesseth that the business so sold and transferred or intended to be sold and transferred therewith and hereby is the whole of the goodwill of the business of horse racing up to the first day of July One thousand nine hundred and twenty-three carried on by the vendors and everything in connection with or relating thereto on the Kedron Park Racecourse (and no other) and all plant furniture chattels and effects thereon and on the first day of July One thousand nine hundred and twenty-three the property of the vendors and all the furniture and effects of every kind belonging to the vendors at the office of the vendors at Edward Street Brisbane aforesaid.
