CUTTING UP A FARM.

Auckland Star, Volume LIII, Issue 22, 27 January 1922, Page 6

CUTTING UP A FARM.

costs AND BENEFITS. Decision was given by Mr. W. R. McKean. S.M.. in two cases which were to some extent connect cd. In one case William lies... ol KnMnn, and Tlenry Co-lfrev Hammond I Mr. Ruddl ,ued Donald Green, of Ngaten .Mr. E. I mien, to recover £•'!-"' 4/ti. Defendant owu-.l land ..n Hauraki Plain*, nnd azreeil to sell half liis interest lo plain! ili's. In the agreement tbe 1.-in.l iva,s to Le subdivided and sold in sections. The survey wtirt made, but the sale of tbe half was not completed. Plaintiffs claimed from defendant, half the c.«-t they paid for the I survey. Tiie (li'fcnce was that the survey whs of no benefit to defendant seeing, that the sale was dot completed under the agreement. In a second case William Iloss sought to recover from Donald Green £4S 1/ for one set nf Oliver tl actor disc harrows. ! In respect to I lie tir-i case. Mr. McKean said il was perfectly clear the I survey was no! for the benefit of Green. His Worship -vi.l he saw no reason in jcqititv "by plaintifT should have Judgment :ig«in.-t defendant, dudgniriu wan for defendant with Clisfs. In the secoml case, Mr. McK r an =aiil the goods were ordered by defendant at ihe request of plaintiff, to whom the account waa sent. Plaintiff \ias nonsuited with co-ts. I — — —^—^— m