EXCHANGE OF PROPERTIES.

Auckland Star, Volume L, Issue 192, 14 August 1919, Page 6

EXCHANGE OF PROPERTIES.

CASS ABRUPTLY ENDS. THE PLAINTIFF NONSUITED. A land exchange case begun at tho Supreme Court this morning before Mr. Justice Cooper and a jury of 12 came to an abrupt conclusion before any evidence had been called, plaintiff's counsel agreeing to accept a nonsuit. The plaintiff was Horace Edward Salter, settler, of Muriwai (Mr. H. H. Ostler) and the defendant'was Richard Keene, settler, of Island Bay, Wellington (Mr. O. Beere). The pfaintiiT claimed £1107 4/ damages for alleged breach of an agreement signed early this year, whereby he agreed to exchange his interest in a property of 610 acres at Muriwai for a half-share in another property of 1664 acres at Pokeno, on the condition that he should be employed at £■* a week to manage the Pokeno property, and should receive half the profits from it. This agreement, he alleged, had been repudiated by the defendant. Hia claim for damages included £400 for loss of a season's profits from the Muriwai property, £250 for loss incurred in a forced sale of his stock, and a number of other items, including expenses of removal from Muriwai to Pokeno and back. The statement of defence denied that the agreement was repudiated, and assrrted that the agreement was not, and was not intended by the parties to be, a complete and binding contract, but was made subject to the condition that a formal contract should lie drawn and approved, which was not done. The alleged damages were denied. Mr. Ostler had read to the jury a quantity of correspondence between the parties' solicitors, when the judge remarked that counsel was basing his case on an alleged breach of the original agreement, taken together with a number of subsequent modifications which formed with it virtually a new agreement. The statement of claim, however, alleged a breach of the original agreement only. He did not consider that the plaintiff could go outside the statement of claim. Mr.- Beere, after conferring with Mr. Ostler, intimated that he could not consent to an amendment of the statement of claim, and Mr. Ostler then said thai he would accept a nonsuit. This was accordingly entered, with costs on the highest scale.