YOUNG SWISS FARMER.

Auckland Star, Volume LXII, Issue 95, 23 April 1931, Page 8

YOUNG SWISS FARMER.

CLAIM FOR £2500 DAMAGES. PURCHASE OF WAIKATO LAND FIRM OF LAND AGENTS SUED. (By Telegraph. —Own Correspondent.) HAMILTON, this day. The action claiming £2500 damages for alleged misrepresentation over the sale of a farm at Monavale was continued in the Hamilton Supreme Court to-day. Plaintiff is a young Swiss named Otto Frederick Schultz, formerly of Zurich, Switzerland, and defendants John Odlin and Company, land agents, Wellington. Mr. T. A. Swarbrick (Hamilton) and F. Kingsfo'rd (Cambridge) are for plaintiff, and Mr. H. F. O'Leary (Wellington) for defendants. His Honor Mr. Justice Smith is on the Bench. In opening for the defence, Mr. O'Leary said that after Mr. C. C. Odlin's return to New Zealand from Switzerland, Biland, senior, with whom Odlin had previously discussed settling Swiss farmers in New Zealand, wrote suggesting that Biland, junior, should come out to New Zealand for farming experience, with a view to taking up land here. Arrangements were made accordingly, young Biland came out and linally bought a farm on the Monavale property. It was following this that Biland, senior, reopened the subject of sending out Swiss settlers to New Zealand. Continuing his opening for the defence to-day, Mr. O'Leary said Odlin would tell the Court there was no thought of commission on the part of Biland, senior, in the early part of the negotiations. Odlin was so impressed with the industry of the Swiss that he was anxious to see these young fellows get on. He even got out a Swiss gardener to work for him. Referring to the "expose," counsel said this was put forward as an honest description of the conditions. Correspondence would also show that right throughout Odlin acted as a father to these men. They were given a lot of valuable implements and timber free, and he was out on their farms in May, 1930, and received no complaints from them. He-was naturally very surprised to receive the initial letters in these proceedings from a firm of solicitors complaining of the grossest misrepresentation in the sale of the farm. Counsel commented strongly on the attitude of these young men and their advisers in not furnishing details of the alleged misrepresentation prior to the issue of the writ. Referring to the allegation that Odlin stated that the peat was only Ift deep, counsel described this as absurd on the face of it. He was candid with them throughout, and it could only be assumed that owing to their defective knowledge of English they misunderstood something he said. Andrew Wilson, registered surveyor, gave evidence of the levels taken by him. Managing Director in Box. Charles C. Odlin, merchant, of Lower Ilutt, managing director of the defendant company, said the company had held the Monavale property since 1912. In 192-"> he was 111 Europe and visited Switzerland. It was not true that he had attended a Rotary conference, although he had visited Lake Lucerne during his tour of Europe. At the hotel where he stayed there was a weekly l'otarian luncheon, to which the manager of the hotel invited him. After luncheon Mr, Xust saw him and stated that lie was trying to pet young Swiss farmers to come to New Zealand to work. Witness recommended Mr. Zust to get into tVueh with some of the big stock agents. Witness also met Biland and talked over conditions in New Zealand. ,\s a result. Arnold Biland, the eon, came t" New Zealand and worked with witness' brother-in-law, Glover, on No. 2 farm at Monavale for 17 months. Arnold wrote to his father and it was out of this correspondence that the idex of founding a Swiss colony arose. Gifts of Timber and Tools. Witness said that later lie went up to Monavale in answer to a letter from Schultz, intimating that he would like to buy one of the farms. Graedel accompanied witness to Monavale. Witness told Sclniltz lie could take over the farm and live on it and complete purchase when the deposit was sent qut. They went over a good deal of Xo. 3 and No. 4 farms. He denied that he told them that peat was only a foot <1 cr*j». He discussed everything possible wit.li them. The only thing he could think of that might have given rise to