WAIKATO LAND CASE.

Auckland Star, Volume XLII, Issue 79, 3 April 1911, Page 11

WAIKATO LAND CASE.

, gVjpENCE FOR THE DEFENCE.

'■ my Telegraph.—Press Association.) \']L WELLINGTON, Saturday. M The ; Waik ato land case was resumed in Court yesterday -before Mr. iriHce Chapman. Herbert Carter and iS W Body, of Wellington, sought the rescission of an agreement with ■Tohn W Chapman, dated February 14, 1910 under which the plaintiffs covenanted to purchase a portion of the Hillside .SooJlands Estate, near Hamilton. TheCintiffe also claimed £Wl 16/4 deposit .in on the land, and the amount ■'5 out of pocket. Mr. T. M. Wilford, Jrith ]jjm Mr. Craccroft Wilson, appeared ■iL plaintiffs, and Mr. A. Gray, with lim Mr. Tringham, for defendant. ' 'The cross-examination of Harry C. •jfobertshaw was taken up by Mr. Gray. ■Witness, in reply to questions, state* that he was not a. practical farmer, but lad taken up the land because he ' thought that it was good and fertile. a trial, however, he was not satis- ' M3»6. A. Jolly, secretary of the Wells,<Tton Dairy Company, stated that he lad seen an exhibition of Waikato produce in Baker Bros.' window, Wellington, and had Subsequently gone to the Wai*ato. He had inspected Chapman's Hfld,' and had found that it was very ■rat 'and swampy. A gTeen scum on the made it look as though it had ,'jeen there for some months. He had tad 10 year 3' experience of fanning, but ■he thought that this land would be too much of an experiment, and he left it aJodc. : Several other witnesses gave evidence, and the case for the plaintiffs was then Permission was granted to Mr. Gray to call witnesses from the Waikato before opening his case for the defence. He submitted that there was no evidence in support of the allegation of fraud. is to the second course of action, which alleged misrepresentation without fraud, 'he submitted that plaintiffs had wholly failed to prove that any of the alleged representations were untrue. His third •.point for argument would be that (plaintiffs should be nonsuited because they had shown that, with knowledge of the -circumstances themselves, they had elected to continue their contracts. They admitted that they knew as early as . £pnl last that the road was not a deditated public Toad, and that the representations as to the quality of the soil, tic,, were uptrue. Notwithstanding that alleged discovery, they continued! jn occupation and continued to pay in- - tjerest Argument on *he nonsuit point was postponed until the Waikato "witnesses could be called, ' I James Edward Thompson, surveyor, of gamilton, stated that be had surveyed the land in November last in company £ Sfith the engineer to the Kirikiriroa Road Board. It was found' that the if ash on the ground Was as it was shown .%n the plan.' They found the width -of the telephone road to be a chain, within which was the drain.' There was plenty of fall for drainage on the eecjtion. When he visited tfcs land ajweek ego it was quite dry. One of Body's drains was sudden because no fall had ; been_pTQvide4!L - ; iff.' Wilford: Supposing that the land eottld-ibe kept 'dry-for ever, would you ' give a shilling an acre for it? "Witness would not give a definite estimate, Amt thought that the -land- was worth something. Charles O. Fraser, a Waikato farmer 'and' , one of the original eelectors of a portion of the Woodlands Estate, stated, that before signing the agreement of pur-* fhase he had satisfied "himself that' the 1 roads .shown on the plan were to be banded over to the local belly. He had ppjd -out after two yeaitf occupation. The land w,as much better now than when he sold it. The efcock which he i*a on the land did well and were sold v ftte. He had had a good deal of experience on 6wamp lands. "Properly jretied the land in question could fee cul- : " Crifed^ To Mr. WUford: He had no interest In the result of the case. i&derick W. littlewood, farmer in the Waiato, stated that he had known the property since 1876, and he gave evidence as to the drainage of the lead. . \?& opinion Carter and Body's land was iworfli about £4 an acre. At'this stage the case was further ad"jogrned.