SALE OF A FARM.

Auckland Star, Volume LIV, Issue 60, 12 March 1923, Page 6

SALE OF A FARM.

MISREPRESENTATION ALLEGED. KATPARA FLATS' TRANSACTION. Alleged that there had been fraudulent misrepresentation i n respect of a farm of 5..7 acres at Kaipara Flats Richard Barrer. the purchaser of the property, claimed £3.1)00 from John Taylor, the former owner, in the Supreme Court before Mr. Justice Herdman this morning. Mr. Tovvle appeared for the plaintiff and Mr. Lcary instructed by Mr. Feruer for the defendant. Counsel for plaintiff stated that he en. tered into an agreement with the defendant for the sale and purchase of the property in December. 1020 f or £10,200. Tn the following; February lw paid the sum of £2.000 i n cash andW cuted mortgages to the defendant for the sum of £8.200 over the property. The defendant represented that the pro' pcrty was capable of carrying 1.200 sheet) besides cattle and horses in good condition: that the sheep tlie defendant was carrvins at the time of the sal. were flock sheep; that the property was ring-fenced and that the only blackberry upon the property was a little on one of the boundaries. The plaintiff maintained that these representations were untrue, and that lie had sustained £3.000 damages in consequence.

The plaintiff gave evidence on the lines indicated by counsel, but said that he took possession on January 1. 1020. Soon after he found blackberry bush.? all over the place. lie spent about £700 on improvements to the property, exclusive of blackberry eradication. SS'hen he put out his yearling cattle lie put a number on a back section and tl number on a middle section. His reason for stocking so heavily in rattle was on account of the fern which he hoped the cattle would clear nut in order that sheep might be put on. A neighbour informed him that his cattle were on the road. Tie went to t_» middle bush, which he had not inspected before, and found that where it joined the road tVere were 35 chains right open to the road. On inspection lie discovered the absence of fences on other parts of the property. During 1920 he was able to carry 407 sheep and 133 young cattle. He put the property in the hands of an agent for sale' in Ausnist, 1920. The case is proceeding.