EXCHANGE OF PROPERTY.

Auckland Star, Volume 55, Issue 63, 14 March 1924, Page 7

EXCHANGE OF PROPERTY.

CLAIM FOR PERFORMANCE. DEFENCE ALLEGES MISREPRESENTATION. An action concerning a contract in reference to an agreement to exchange certain Auckland property for a farm at Putaruru was begun at the Supreme Court to-day. when Michael Riordan proceeded against Annie Leatherbarrow, seeking an order for specific performance, or, alternatively. £150 special damages for loss of time and profit, agent's commission and charges and legal expenses, £501 general damages for breach of agreement, and costs incidental to the action. Mr. I'rendergast and Mr. Sullivan appeared for the plaintiff, and Mr. Sellar for the defendant There was a counter claim for £40 special and f-30 general damages for alleged misrepresentation. The case for the plaintiff was that defendant agreed to exchange for a farm of 111 acres at Putaruru (subject to two mortgages of £1071 14/0 and £536), properties in Ingram Road, Remuera (subject to mortgages of ISM), and that she had refused to carry out the contract. The defence was that plaintiff was told the contract would not be completed unless certain financial arrangements had been made, that the plaintiff had falsely represented that there was a Government valuation of i.5000 concerning the farm, that defendant had not revealed the fact that it was a bad farm, and finally, that the title of the land was not perfect. Plaintiff in evidence, said lie had paid £18 an acre for the farm, and he denied havin" told defendant that he had paid £-'3 an acre for it. He admitted saying that the farm was a gootl farm, and be still said so. Mr. Leatherbarrow had written repudiating the agreement to exchange, but after that be had taken i a prospective buyer over the farm. At mo time had he stated that the Government valuation of the farm was £3000. lie did not know Mrs. Leatherbarrow ' would have to make financial arrange- ■ ments before she could work the farm. She had told him she was worth £0000. (The case is proceeding).