WHAT'S IN A NAME?

Auckland Star, Volume LIX, Issue 174, 25 July 1928, Page 9

WHAT'S IN A NAME?

VALUE OF NGATEA FARM.

ACTION IN SUPREME COURT. | MISREPRESENTATION* ALLEGED. JUDGE SAYS "DEAD BIRD - ' A CERTAINTY. (By Telegraph.—Own Correspondent.) HAMILTON, this day. The case in which Nicholas Alack, farmer, Ngatea, is suing James Cochrane Cleland, farmer, Xgatea, for £1000 damages for alleged fraudulent misrepresentation in the exchange of defendant's property at Ngatea, for one belonging to plaintiff at Pio Pio. entered on its third day of hearing to-day. Plaintiff is represented by Mr. J. F. Strang and defendant by Mr. E. M. Mackersey. Several farmers gave evidence, including two who formerly owned the property in dispute. They expressed the conviction that the farm could never carry more than (50 or 70 dairy cows. Mr. Mackersey applied for a nonsuit, on the ground that there was no evidence of damage. His Honor said he would reserve the point, but he proposed to direct the jury that the Ngatea transaction was tantamount to a cash deal for £3850. His Honor also ruled tiiat with regard to the alleged misrepresentation on the matter of certain concrete work done on the farm, there was no case to go to the j^'yIn opening for defendant, Mr. Mackersey said defendant purchased the farm from the bank for £3100, paying £100 cash. Cleland would say that he was told about the carrying capacity of the farm and its butterfat yield by an officer of the bank. Cleland would also say that he told Alack that the people who had the farm previously were said to have taken 22,0001b of butterfat off the two farms and that they had milked 120 cows. Defendant denied that he had told the witness Fisher that he had got hold of "the biggest pair of melons" he had ever had in his life; hut admitted he did say "they were melons to take up land like that for dairying, and it would lie better to go in for dry-stock farming."' Mr. Strang: What is your definition of a "melon?" Defendant: A man who is easy to get on with. Mr. Strang: Is a "melon" not rather a man who is easily "gulled." Defendant: Prob..l ! - you are right. Mr. Strang: And what is a "bird?" Defendant: 'mat is merely an ordinary term. Mr. Strang: Is .fird" not the equivalei.t of "melon';" His Honor: A "dead bird" is usually regarded as a "certainty." (Laughter.)