EXCHANGE OF PROPERTIES.

Auckland Star, Volume LV, Issue 283, 28 November 1924, Page 9

EXCHANGE OF PROPERTIES.

DISPUTE AS TO TIMBER VALUES

Mr. C. E. Cutten, S.M., isat at the Magistrate's Court yesterday to conclude a case arising out of the exchange of a farm at Great Barrier Island for another at Manurewa. The plaintiff, Oliver Walker (Mr. McLiverJi) claimed from Thomas Edwardcs Eyre (Mr. Haddow) the sum of £200 alleged to be due. Defendant owned a farm at Great Barrier Island, ■which he exchanged for a farm of plaintiff's at Manurewa. It was alleged that defendant represented to plaintiff tnat there was a quarter of a ■ million feet of kauri timber on the farm at Great Barrier, which would be sufficient to pay off the Government mortgage of £2000. Plaintiff contended that this was not true, and claimed to have, in consequence, suffered loss to the extent of £278 10/6. The claim was, _ however, reduced to £200 to come within the jurisdiction of the Magistrate's Court.

For the defence, it was claimed it was never represented that there was a quarter of a million feet of kauri timber on the ground. Defendant said the statement was, there were a quarter of a million feet of timber on the ground, of which it was estimated 200,000 feet were kauri. Defendant denied having said the timber would pay off the mortgage of £2000. Had he thought the timber was worth that cum he would have dealt with it himeelf.

Mr. McLiver argued that even if fraud was not proved, plaintiff was entitled to succeed if hie Worship was satisfied there had been misrepresentation.

Mr. Cutten said it was clear there was no action for fraud. It had not been proved that defendant had made any statement which he knew to be fraudulent. It had not been proved that defendant made a statement with the knowledge that it was untrue, and with intention to mislead. The defendant had cancellcl the exchange rather than have any bother, and then the plaintiff wanted damages. His Worship said he could not see any grounds for granting damages. Judgment would be for defendant, with costs £20 14/6.